No preview available
HomeMy WebLinkAbout07-13-2021 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 44C'�N�BBC VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 �%p VACANT,Kempsville-District 2 Cf �i MICHAEL F.BERLUCCHI,Rose Hall-District 3 t i 2 BARBARA M.HENLEY,Princess Anne-District 7 * t sa LOUIS R.JONES Bayside-District 4 ` JOHND.MOSS,At Large , ,. AARONR.ROUSE,At Large °g 0Y1 GUYK.TOWER,Beach-District 6 ROSEMARY WILSON,At Large SABRINA D. WOOTEN,Centerville-District 1 CITY HALL BUILDING CITY COUNCIL APPOINTEES CITY COUNCIL AGENDA 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY-MARK D.STILES PHONE:(757)385-4303 CITY ASSESSOR-RONALD D.AGNOR July 13, 2021 FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS E-MAIL:CITYCOUNCIL@vbgov.com CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:30 PM A. BODY-WORN CAMERA AUDIT Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFING 3:15 PM A. FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE Ronald H. Williams, Jr., Deputy City Manager Julie Hill, Communications Director III. CITY COUNCIL DISCUSSION/INITIATIVES 4:00 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Reverend Victoria J. Thomas Agape Hampton Roads Spiritual Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCE/RESOLUTIONS 1. Ordinance to TERMINATE Memorandum of Understanding (MOU) with the City of Chesapeake re Southeastern Parkway and Greenbelt Project 2. Resolution to REQUEST the Circuit Court appoint an Alternate re Board of Equalization 3. Resolution to DIRECT the filing for a Request for Referendum on the Question of issuing $567,500,000 of General Obligation Debt re Flood Mitigation Measures(Request by City Council) 4. Resolution to APPROVE the modification of a construction contract re Francis Land House Restoration H. PLANNING 1. DOZB, LLC / DOZ, LLC for a Special Exception for Alternative Compliance re craft brewery, tasting room and restaurant at 821, 823 & 825 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. SOUTH LYNNHAVEN, LLC for a Modification of Conditions re allow the vacation of easements to construct office use at 877 South Lynnhaven Road DISTRICT 3 — ROSE HALL (Approved August 13, 1984) Deferred from July 6, 2021 RECOMMENDATION: APPROVAL 3. THIN BREW LINE BREWING COMPANY / OCEANA CROSSINGS, LLC for a Modification of Conditions re craft brewery&open-air market at 1375 Oceana Boulevard DISTRICT 6—BEACH (Approved December 22, 2018) RECOMMENDATION: APPROVAL 4. ATHERTON CONSTRUCTION & DEVELOPMENT, INC. / THE OPEN DOOR CHAPEL, INC. for a Modification of Conditions re religious use at 3177 Virginia Beach Boulevard DISTRICT 6—BEACH (Approved January 5, 2021) RECOMMENDATION: APPROVAL 5. BEACH BUILDING GROUP, INC./DAVID & DEBORAH MCCOLGAN, KRISTIN WORRELL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-18 Apartment District re construction of eight(8) condominium units at 2332 & 2328 Pleasure House Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. JOHN'S GARAGE, LLC / 5772 ARROWHEAD, LLC for a Conditional Use Permit re automotive repair garage at 5772 Arrowhead Drive, Suites A & B DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 7. 3323 SHORE DRIVE, LLC for a Conditional Use Permit re commercial marina at 3323 Shore Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. GREEN CLEAN AUTO WASH Conditional Use Permit re car wash facility at 3112 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. MARIE STROM / ALOHA, LLC Conditional Use Permit re tattoo parlor at 615 North Birdneck Road, Suite 108 DISTRICT 6—BEACH TABLED ITEMS FROM JULY 6, 2021, CITY COUNCIL MEETING 21. Ordinances re Short Term Rentals (City Council Alternatives) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of Short Tel Rentals and Overlays(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) I. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT *...**.*********.****************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 ************************** The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius( vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e6d41570e86fdf3128ae65967524f0622 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 13, 2021. I. CITY COUNCIL'S BRIEFING - City Council Chamber- 2:30 PM A. BODY-WORN CAMERA AUDIT Lyndon Remias, City Auditor II. CITY MANAGER'S BRIEFING 3:15 PM A. FLOOD PROTECTION PROGRAM COMMUNICATIONS UPDATE Ronald H. Williams,Jr., Deputy City Manager Julie Hill, Communications Director III. CITY COUNCIL DISCUSSION/INITIATIVES 4:00 PM IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - City Council Chamber- 4:30 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION Reverend Victoria J. Thomas Agape Hampton Roads Spiritual Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. FORMAL SESSION AGENDA 1. CONSENT AGENDA G. ORDINANCE /RESOLUTIONS 1. Ordinance to TERMINATE Memorandum of Understanding (MOU) with the City of Chesapeake re Southeastern Parkway and Greenbelt Project 2. Resolution to REQUEST the Circuit Court appoint an Alternate re Board of Equalization 3. Resolution to DIRECT the filing for a Request for Referendum on the Question of issuing $567,500,000 of General Obligation Debt re Flood Mitigation Measures(Request by City Council) 4. Resolution to APPROVE the modification of a construction contract re Francis Land House Restoration =Au 41r�•} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Terminate the Memorandum of Understanding with the City of Chesapeake for the Southeastern Parkway and Greenbelt Project MEETING DATE: July 13, 2021 • Background: The Southeastern Parkway and Greenbelt Project (the °Project')was initiated in 1983. A draft Environmental Impact Statement (EIS) was published in 1989. In 2001, the City of Chesapeake (`Chesapeake') and the City of Virginia Beach (the 'City") entered a Memorandum of Understanding (MOU). The MOU dealt with impacts to property owners,fiscal resources committed to the Project, wetlands mitigation, alignment concerns, and public/private partnerships. The MOU was amended in 2005 to address provisions for the Oak Grove Connector, right-of-way and easement acquisition concerns, fiscal considerations for tolling, and funding re-allocation if the Project did not move forward. In 2008, the Federal Highway Administration (FHWA) approved the final EIS. However, the approval was rescinded in 2009 as the Project was determined to be nonviable due to costs, limited traffic benefits, and environmental impacts. Subsequently, the City initiated a traffic modeling effort with Old Dominion University to study whether any aspects of the Project were still viable. In 2016, the modeling effort was completed, and the results were presented to City Council. Public Works advised that there were some sections of the Project corridor that were beneficial for the City's road network; that analysis will be further considered as part of the update to the City's comprehensive plan, which is scheduled to occur in 2023. Meanwhile, Chesapeake has submitted a request to the City to terminate the MOU. Because the 2001 MOU and the 2005 amendment were authorized by Council, this request to terminate the MOU is being submitted for consideration. re Considerations: FHWA has given notice that the Project is not viable and any future corridor considerations will be internal to the City and thus not governed by the MOU. Chesapeake is currently pursuing a termination to the MOU with its Council. If the MOU is terminated, there is no fiscal or contractual commitment for the City. • Public Information: Public information will be provided through the normal City Council agenda process. ▪ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Worics/Engineerin City Manager: 1 AN ORDINANCE TO TERMINATE THE 2 MEMORANDUM OF UNDERSTANDING WITH THE 3 CITY OF CHESAPEAKE FOR THE SOUTHEASTERN 4 PARKWAY AND GREENBELT PROJECT 5 6 WHEREAS, the Southeastern Parkway and Greenbelt Project (the "Project") was 7 initiated in 1983; 8 9 WHEREAS, in 2001, by Resolution RES-02887, City Council authorized a 10 Memorandum of Understanding ("MOU") with the City of Chesapeake ("Chesapeake") 11 regarding certain collaborative aspects of the Project; 12 13 WHEREAS, in 2005, pursuant to Ordinance ORD-2898F, City Council authorized 14 an addendum to the MOU to address additional provisions of the Project; 15 16 WHEREAS, in 2009, the Federal Highway Administration determined the Project 17 was nonviable due to costs, limited traffic benefits, and environmental impacts; 18 19 WHEREAS, any future corridor considerations for the Project would be internal to 20 the City of Virginia Beach and thus not governed by the MOU; 21 22 WHEREAS, there is no fiscal or contractual commitment for the City of Virginia 23 Beach if the MOU is terminated; and 24 25 WHEREAS, City Council is of the opinion that it is in the public interest to terminate 26 the MOU with Chesapeake for the Project. 27 28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 The City Manager is hereby authorized to execute a termination agreement with 32 Chesapeake to conclude the joint efforts for the Project. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2021. CA15233 aVb ov cacklE.VApplwattorteCityLevneycom11 WPDOCS1o002w0371007 s.d R-1 June 16, 2021 APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS I O CONTENT: City Attt• y Public Works/E,igineering ray\HUB ',"1 �c: i5' ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Requesting the Circuit Court Appoint an Alternate to the Board of Equalization MEETING DATE: July 13, 2021 • Background: The Board of Equalization (the "BOE"), which is established by the City's Charter and appointed by the circuit court, is authorized to revise, correct and amend assessments of real estate. In addition to an appeal to the BOE, or in lieu of such an appeal, a taxpayer may choose to appeal an assessment to the City Real Estate Assessor or to challenge the assessment in court. The BOE begins its hearings on assessment appeals in July. In the attached letter from the Chair of the BOE, the BOE requests the Council appoint an alternate. As noted in the letter, the City's Charter limits the membership of the BOE to three persons, and the BOE's ability to complete its hearings on schedule can be imperiled by the absence of a single member. • Considerations: The Virginia Code permits a local governing body to request the circuit court appoint an alternate to the BOE. The alternate may vote on any proceeding in which a regular member is absent or abstains. In addition to this action, the BOE anticipates making a Legislative Agenda request to amend the City's Charter to increase its membership to four regular members. • Public Information: Normal Council agenda process. • Attachments: Resolution; Letter from BOE Chair Submitting Department/Agency: Board of Equalization City Manager: REQUESTED BY THE BOARD OF EQUALIZATION 1 A RESOLUTION REQUESTING THE CIRCUIT 2 COURT APPOINT AN ALTERNATE TO THE 3 BOARD OF EQUALIZATION 4 5 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the Virginia Beach Circuit Court is hereby requested to appoint an alternate 9 to the Board of Equalization for the current term, which commenced July 1, 2021. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: • Att ey's Office CA15494 R-1 June 30, 2021 vita`rl �ylA•BF.A-+2k , i > City of Virginia Beach g _ Board of Equalization ~+L°F SIR N•n°�e� tL'cr1`f'� JOHN C.ELUS,JR.,CHAIRMAN MUNICIPAL CENTER GEORGE WHITFIELD,BOARD MEMBER BUILDING 18 JOHN S.KALOCAY,BOARD MEMBER 2424 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9054 (757)385-6296 FAX (757)385-5727 BOE©vscov.coM July 23,2021 Subject: Reappointments to the Board of Equalization of Real Estate Assessments Dear Mayor and Members of City Council: Recently,the fourth member of our Board of Equalization,known as the alternate member of the BOE,resigned and a replacement was not appointed by the Circuit Court. We are required to have at least three BOE members present at each hearing;therefore,not having an alternate may cause the hearing to be rescheduled unless the appellant waives his right to have the full BOE present. The ability for the Board to hear all appeals in a timely manner will be jeopardized with a three member BOE. Therefore, we ask the City Council to request the Circuit Court to appoint an alternate for the current term, which commenced on July 1,2021. Your consideration is greatly appreciated. Sincer ly, crest John C.Ellis,Jr. Chairman,Board of Equalization Cc: Mr. Ronald D. Agnor, City Real Estate Assessor Mrs.Lynda F. Poole,Administrator,Board of Equalization Mr. Mark Stiles, Esquire, City Attorney ��L.,....... �yLfp7 1Z1 �u _�S1 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution to Direct the Filing of a Request for Referendum on the Question of Issuing $567,500,000 of General Obligation Debt for Flood Mitigation Measures MEETING DATE: July 13, 2021 • Background: Tropical Storm Julia and Hurricane Matthew focused the attention of City residents on the need to invest in flood mitigation measures. Initially, the City tried to make these investments through the Stormwater Utility, which is funded by the stormwater utility fee or ERU. At the urging of the City Council, staff have presented a plan wherein the execution of Phase I Flood Mitigation projects can be substantially advanced by undertaking the referendum process. These projects are intended to meet a standard that limits peak flood water to 3 inches or less above the crown of the road for the ten-year storm event, and to prevent the flooding of structures for the one hundred- year storm event. • Considerations: The attached resolution authorizes the filing with the circuit court for a referendum election. The question has been publicly discussed by the City Council during its meetings on June 8th, June 22nd, and July 6th. In addition to the question, the resolution authorizes the City Manager and the City Attorney to provide the required notifications to relevant election officials and to distribute information in conformity with § 24.2-687 of the Code of Virginia. If the referendum is answered in the affirmative, the City will undertake the required public notices, public hearing, and ordinance to authorize the issuance of $567,500,000 of general obligation debt. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution; List of Phase I Projects REQUESTED BY THE CITY COUNCIL REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION TO DIRECT THE FILING OF A REQUEST 2 FOR REFERENDUM ON THE QUESTION OF ISSUING 3 $567,500,000 OF GENERAL OBLIGATION DEBT FOR 4 FLOOD MITIGATION MEASURES 5 6 WHEREAS, the City has identified flood mitigation projects where the authorization 7 of general obligation debt would significantly accelerate the delivery of such projects; 8 9 WHEREAS, the City Charter limits the amount of general obligation debt the City 10 can issue without a referendum; 11 12 WHEREAS, the City Council desires a referendum be held to authorize 13 $567,500,0000 in general obligation debt; and 14 15 WHEREAS, if the referendum question is answered in the affirmative, the City 16 Council would authorize the issuance of such general obligation debt in accordance with 17 the provisions of the City Charter and the Public Finance Act; 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA, THAT: 21 22 The City Council hereby directs the filing with the circuit court requesting an order 23 for a referendum upon the issuance of general obligation debt in accordance with the 24 provisions of the City Charter and the Public Finance Act, and the question to be asked 25 is as follows: 26 27 Shall the City of Virginia Beach issue general obligation bonds in the maximum 28 amount of $567,500,000 pursuant to the City Charter and the Public Finance Act 29 to fund the design and construction of flood mitigation measures as part of a 30 comprehensive flood protection program that includes the following Phase 1 31 projects: Chubb Lake / Lake Bradford Outfall, Church Point/Thoroughgood 32 Drainage Improvements, Central Resort District - 24th Street Culvert, Central 33 Resort District Drainage Improvements, Eastern Shore Drive - Elevate Lynnhaven 34 Drive, Eastern Shore Drive - Phase I, Section 1 F Improvements, Eastern Shore 35 Drive - Phase I, Section 1G Improvements, Eastern Shore Drive - Poinciana Pump 36 Station, First Colonial Road & Oceana Boulevard Drainage Improvements, 37 Princess Anne Plaza Golf Course Conversion, Princess Anne Plaza North London 38 Bridge Creek Tide Gate, Barriers, and Pump Station, Pungo Ferry Road 39 Improvements, Sandbridge/New Bridge Intersection Improvements, Seatack 40 Neighborhood Drainage Improvements, Stormwater Green Infrastructure, The 41 Lakes - Flood Barriers, The Lakes - Holland Road Gate, West Neck Creek Bridge 42 Replacement, Windsor Woods - Thalia Creek/Lake Trashmore Improvements, 43 Windsor Woods Flood Barriers, and Windsor Woods Pump Station? 44 45 [ ] Yes 46 [ ] No 47 48 BE IT FURTHER RESOLVED, THAT: 49 50 The City Manager and the City Attorney are hereby directed to take such actions 51 as are necessary and appropriate to have such referendum election held at the November 52 2021 election including, without limitation, the notification of the Voter Registrar and State 53 Board of Elections and the distribution of information in conformity with § 24.2-687 of the 54 Code of Virginia. 55 56 BE IT FURTHER RESOLVED, THAT: 57 58 If the referendum question authorized herein is answered in the affirmative, the 59 City Manager is directed to establish a dedicated webpage on the City's website that 60 includes each of the projects listed in the above referendum question and the progress — 61 by dollar amount spent and by milestone achieved —toward completion of such projects. 62 The City Manager is also directed to provide quarterly reports to the City Council providing 63 updates regarding the execution of these projects. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2021. APPROVED AS TO LEGAL SUFFICIENCY: V C' rn 's Office CA15476 R-2 July 6, 2021 List of Phase I Projects Chubb Lake/Lake Bradford Outfall Church Point/Thoroughgood Drainage Improvements Central Resort District- 24th Street Culvert Central Resort District Drainage Improvements Eastern Shore Drive - Elevate Lynnhaven Drive Eastern Shore Drive - Phase I, Section 1F Improvements Eastern Shore Drive- Phase I, Section 1 G Improvements • Eastern Shore Drive- Poinciana Pump Station First Colonial Road & Oceana Boulevard Drainage Improvments Princess Anne Plaza Golf Course Conversion Section 1 Princess Anne Plaza Golf Course Conversion Section 2 Princess Anne Plaza Golf Course Conversion Section 3 Princess Anne Plaza North London Bridge Creek Barriers Princess Anne Plaza North London Bridge Creek Pump Station Princess Anne Plaza North London Bridge Creek Tide Gate Pungo Ferry Road Improvements Sandbridge/New Bridge Intersection Improvements Seatack Neighborhood Drainage Improvements Stormwater Green Infrastructure - Marsh Terrace The Lakes - Flood Barriers The Lakes - Holland Road Gate West Neck Creek Bridge Replacement Windsor Woods - Thalia Creek/Lake Trashmore Improvements Windsor Woods Flood Barriers Windsor Woods Pump Station [ ,,,...,--6, rr?:.. 73 CITY OF VIRGINIA BEACH AGENDA ITEM 41 ITEM: A Resolution Approving the Modification of a Construction Contract for Francis Land House Restoration MEETING DATE: July 13, 2021 • Background: In July 2020, the City executed a contract with SDC Contracting to provide construction services for the restoration of the Francis Land House. The relevant Capital Project is #100203, "Heritage Building Maintenance — Phase II." Unforeseen site conditions were encountered shortly after work began. These conditions include higher than anticipated water and moisture infiltration due to failed building envelope, resulting in rot and increased damage to the structure. Additionally, the originally procured chemical-based fire suppression system is no longer recommended for use in historic homes, and there is an increased cost associated with the installation of the preferred water-based fire suppression system. As a result, the contract requires modifications that exceed 25% of the original contract to restore a water-tight building envelope, install the appropriate fire suppression system, and make additional unforeseen repairs. • Considerations: The additional construction required to accomplish the scope of this project will increase the contract price by 52.5% percent over the original fixed- price contract amount of $571,097.00. The Virginia Public Procurement Act requires City Council approval of changes to contracts that exceed $50,000 or 25% of the original contract price, whichever is greater. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Public W City Manager 1 A RESOLUTION APPROVING THE MODIFICATION 2 OF A CONSTRUCTION CONTRACT FOR FRANCIS 3 LAND HOUSE RESTORATION 4 5 WHEREAS, in July 2020, the City executed a contract with SDC Contracting to 6 provide construction services for the restoration of the Francis Land House as part of 7 the execution of Capital Project #100203, "Heritage Building Maintenance — Phase II;" 8 9 WHEREAS, due to unforeseen site conditions and the need to change the fire 10 suppression system type, the contract requires modifications that exceed 25% of the 11 original contract; 12 13 WHEREAS, the additional construction required to accomplish the scope of this 14 project will increase the contract price by 52.5% over the original fixed-price contract 15 amount of$571,097; and 16 17 WHEREAS, the Virginia Public Procurement Act requires City Council approval 18 of changes to contracts that exceed $50,000 or 25% of the original contract price, 19 whichever is greater. 20 21 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA THAT: 23 24 The City Council hereby approves the modification of the aforementioned 25 construction contract with SDC Contracting with a revised contract price of$870,923. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Works to ey's Office CA15490 R-2 July 1, 2021 H. PLANNING 1. DOZB, LLC / DOZ, LLC for a Special Exception for Alternative Compliance re craft brewery, tasting room and restaurant at 821, 823 & 825 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. SOUTH LYNNHAVEN, LLC for a Modification of Conditions re allow the vacation of easements to construct office use at 877 South Lynnhaven Road DISTRICT 3 — ROSE HALL (Approved August 13, 1984)Deferred from July 6, 2021 RECOMMENDATION: APPROVAL 3. THIN BREW LINE BREWING COMPANY / OCEANA CROSSINGS, LLC for a Modification of Conditions re craft brewery&open-air market at 1375 Oceana Boulevard DISTRICT 6—BEACH(Approved December 22, 2018) RECOMMENDATION: APPROVAL 4. ATHERTON CONSTRUCTION & DEVELOPMENT, INC. / THE OPEN DOOR CHAPEL, INC. for a Modification of Conditions re religious use at 3177 Virginia Beach Boulevard DISTRICT 6—BEACH(Approved January 5, 2021) RECOMMENDATION: APPROVAL 5. BEACH BUILDING GROUP,INC./DAVID& DEBORAH MCCOLGAN,KRISTIN WORRELL for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-18 Apartment District re construction of eight(8)condominium units at 2332 & 2328 Pleasure House Road DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 6. JOHN'S GARAGE, LLC / 5772 ARROWHEAD, LLC for a Conditional Use Permit re automotive repair garage at 5772 Arrowhead Drive, Suites A & B DISTRICT 2 — KEMPSVILLE RECOMMENDATION: APPROVAL 7. 3323 SHORE DRIVE, LLC for a Conditional Use Permit re commercial marina at 3323 Shore Drive DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 8. GREEN CLEAN AUTO WASH Conditional Use Permit re car wash facility at 3112 Virginia Beach Boulevard DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 9. MARIE STROM/ ALOHA, LLC Conditional Use Permit re tattoo parlor at 615 North Birdneck Road, Suite 108 DISTRICT 6—BEACH 4,1' !r.* IS ill a La`LLLYSirx .M NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,July 13,2021 at 6:00 p.m.In the Council Chamber at City Half,Building 1,2.1 Floor.Members of the public will be able to observe the City Council meeting through livestreaming on www.vbgov.com, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register for the WebEx at httos://vbeov.webex.com/vbgov/onstage/gohoNTID=e6d4 1570e86fd13128ae659 b7524f0622 2. Register with the City Clerk's Office by calling 757385-4303 prior to 5:00 p.m.on July 13,2021. The following requests are scheduled to be heard: DOZB, LLC (Applicant) DOZ, LLC (Property Owner) Alternative Compliance Addresses:821,823,&825 Virginia Beach Boulevard GPIN(s):2417865230,2417864189,2417866204,2417865198 Council District Beach Thin Brew Line Brewing Company(Applicant)Oceana Crossings,LLC (Property Owner)Modification of Conditions(Craft Brewery&Open-Air Market)Address: 1375 Oceana Boulevard GPIN(s): 2415489273 Council District Beach Of? Atherton Construction&Development,Inc.(Applicant)The Open Door Chapel,Inc.(Property Owner)Modification of Conditions(Religious Use)Address:3177 Virginia Beach Boulevard GPIN(s):1497041957 Council District Beach Beach Building Group,Inc.(Applicant)David&Deborah McColgan, Kristin Worrell(Property Owners)Conditional Change of Zoning(R-7.5 Residential District to Conditional A-18 Apartment District for construction of 8 condominium units at an density of 13.79 units per acre) Addresses: 2332 & 2328 Pleasure House Road GPIN(s): 1479498450,1479498301,1479498364 Council District Bayside John's Garage, LLC (Applicant) 5772 Arrowhead, LLC (Property Owner)Conditional Use Permit(Automotive Repair Garage)Address: 5772 Arrowhead Drive,Suites A&B GPIN(s):1467030703 Council District Kempsville 3323 Shore Drive,LLC(Applicant&Property Owner)Conditional Use Permit(Commercial Marina)Address: 3323 Shore Drive GPIN(s): 1489882662 Council District Lynnhaven Green Clean Auto Wash(Applicant&Property Owner)Conditional Use Permit(Car Wash Facility)Address:3112 Virginia Beach Boulevard GPIN(s):1497153700 Council District Lynnhaven Marie Strom(Applicant)Aloha,LLC(Property Owner)Conditional Use Permit(Tattoo Parlor)Address: 615 N Birdneck Road,Suite 108 GPIN(s):2417597653 Council District Beach Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.vbgov.com/pc.For information call 757-385- 4621.Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV,www.vbgov.com and Facebook Live. Please check our website at: www.vbgov.com/government/departments/city-clerk/city-council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes BEACON-JUNE 27,2021&JULY 4,2021-1 TIME EACH TABLED ITEMS FROM JULY 6, 2021, CITY COUNCIL MEETING 21. Ordinances re Short Term Rentals (City Council Alternatives) c. AMEND Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of Short Term Rentals and Overlays(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short Term Rentals and ESTABLISH additional safety requirements (Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts) to the CZO regulations and requirements re Short Term Rentals in Each Overlay District (Requested by Vice Mayor Wood and Council Members Tower and Wilson) f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals (Requested by Vice Mayor Wood and Council Member Jones) 0 \ \\ CIx (s) V:' ,,.I_ 5 M \ N 1�& . U o Q N �Q �' N 3 0 O Q, o o CO e - "ue - 711 arco k Av N • cn o o� 1 ..c. _ 1 ..... , N I to 1 \ \S li.d rmm �v O �.- 'c CON If m • 0 m:S. IIX- o > CN \ LO �� Q—` �, CO oes 7._ 1 M N 00 r iv enue - c., _) _ - ashy - t o env►e W cp �ngtor r- m Wash 0 / _ . 0 0, 0 cc 0_ �i T M N 0 Q W/ •' cn CL N m gnu nE,��• .,,,„ ft •S� i_ iii Ley ;J.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DOZB, LLC [Applicant] DOZ, LLC [Property Owner] Special Exception for Alternative Compliance (Craft Brewery, Tasting Room, & Restaurant with buildings that do not meet build-to requirements) for the property located at 821, 823, 825 Virginia Beach Boulevard (GPINs 24177865230, 2417864189, 2417866204, 2417865198 ). COUNCIL DISTRICT — BEACH MEETING DATE: July 13, 2021 • Background: The "Ship Yard at 17th Street" is a proposal to construct a new craft brewery, tasting room, and restaurant with an extensive outdoor area for use as a beer garden on Virginia Beach Boulevard on property at the oceanfront in the ViBe District zoned Oceanfront Resort District. The proposed structures on the site will not meet the build-to requirements of the Oceanfront Resort District Form Based Code, and the applicant requests Alternative Compliance to proceed. While the building will be located outside of the build-to zone, the outdoor area will activate the streetscape on Virginia Beach Boulevard by providing a view of the activities onsite without overwhelming the public realm. • Considerations: Redevelopment of this site would create a welcoming gateway to the Oceanfront Resort Area of Virginia Beach. The unique environment proposed at The Ship Yard, along with its proximity to major events sites and being within the ViBe District, lends to the creation of a memorable and successful place, even during the off-season, supporting the goal to be a year-round destination. To accommodate the predicted amount of bicycle traffic associated with the brewery, a condition is recommended that additional bicycle parking beyond the minimum be installed and available for customers and employees. To accommodate the expected additional bicycle traffic, the applicant agrees to provide 25 bicycle parking spaces onsite. Originally, the condition was to provide parking for 25% of the total occupancy. After discussion between Staff and the applicant, 25 bicycle spaces were agreed upon. This is in line with similar large, outdoor-oriented venues at the Oceanfront and will not be onerous to the applicant. This change is indicated by underlined and strikethrough text in condition 2 below. Additionally, to improve pedestrian safety along Virginia Beach Boulevard, a condition to install an unsignalized crosswalk across Virginia Beach Boulevard at Washington Avenue is also recommended. New landscaping on the site will help to buffer noise, and the outdoor activities are oriented toward the east and north, DOZB, LLC Page 2 of 3 away from residential uses. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. ■ Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. All new, permanent structures shall substantially conform to the renderings depicted in "Conceptual Site Plan, 829 Virginia Beach Blvd" dated May 25, 2021 by WPL, which has been exhibited to the City Council and is shown on pages 8 and 9 of this staff report. 2. Bicycle racks designed in conformance with the City's bicycle parking design guidelines to accommodate at least 25% of the establishment's permitted occupancy load twenty-five (25) bicycles shall be provided in a designated location to be determined during detailed site plan review. 3. An unsignalized crosswalk with added pedestrian warning signs shall be installed across Virginia Beach Boulevard on the east side of Washington Avenue per specifications outlined in the Public Works Design Standards Manual. 4. No amplified music is permitted between 11 :00 p.m. and 10:00 a.m. 5. No merchandise, produce, or food shall be displayed or sold along the Virginia Beach Boulevard street frontage. 6. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 7. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes, but is not limited to, the following: i. Along adjacent properties that are considered to be "Protected Districts" by the Oceanfront Resort District Form-Based Code, evergreen trees shall be installed at a minimum of six (6) feet in height and be allowed to grow and be maintained at a height of no less than ten (10) feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four (4) feet. DOZB, LLC Page 3 of 3 ii. The 20" oak tree depicted to remain on the concept plan shall be preserved and properly protected through all phases of construction to the greatest extent possible. If the tree dies or is removed as a result of developing the site, three additional replacement trees shall be planted onsite. Replacement trees shall have minimum a caliper of 2 1/2" at the time of planting. 8. All interior lot lines shall be vacated. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 1�0 City Manager: Applicant: DOZB, LLC Property Owner DOZ, LLC Agenda Item Planning Commission Public Hearing June 9, 2021 r r,;i City Council Election District Beach 25 Virginia Beach Request Alternative Compliance (Request for a Craft Brewery,tasting room,and restaurant with various outbuildings and structures that do not # \ 23,5u celNd H�* g n SV meet the build-to requirements.) a `1s15`"�;� + Staff Recommendation a , Approval C ,yl„$, t m u ,8,,,St Staff Planner eo�l Hank Morrison ,,,Q-a ,5lh H1tn Sl,cc` Location 0 3 821,823,&825 Virginia Beach Boulevard 3 GPINs f 0..0„ve 24177865230, 2417864189, 2417866204, ��I �� 2417865198 wsa--.�. 1pth Slice' eln 5l.exl Site Size j7-4/7-7,, , '" �, „Sl,. 24,325 square feet AICUZ 70-75 dB DNL Watershed Atlantic Ocean - 4{ Existing Land Use and Zoning District Vacant land,single-family dwelling/ OR Oceanfront Resort , 1.' _-��°' F `v '6 Surrounding Land Uses and Zoning Districts '' lie North d -- ,� Virginia Beach Boulevard z= -'. 3`,4- y ` % Second Precinct Police Station/OR Oceanfront % z, �� > Resort ` l+4 ; k- i rs,;_5tr , South Unimproved alley, multi-family dwellings/ 4- A-12&A-36 Apartments . East Office /OR Oceanfront Resort West Retail, restaurant/OR Oceanfront Resort DOZB, LLC Agenda Item 25 Page 1 Background & Summary of Proposal The "Ship Yard at 17th Street" is a proposal to construct a new craft brewery,tasting room,and restaurant with an extensive outdoor area for use as a beer garden on Virginia Beach Boulevard in the Oceanfront Resort District.The proposed structures on the site do not meet the build-to requirements of the Oceanfront Resort District Form Based Code, and the applicant requests Alternative Compliance to proceed. Uses This Alternative Compliance application addresses the craft brewery use,which is considered a use that would ordinarily require a Conditional Use Permit.There will also be a restaurant on the site,with limited indoor seating and"grab and go"options,and a 10,000+square foot improved outdoor area. Due to the unique nature of the proposal, it has been determined a single application for Alternative Compliance application is sufficient to address both uses and form requirements. Structures and Site Layout The applicant has requested Alternative Compliance to allow the proposed structures to be placed outside of the build- to zones for mixed-use buildings along a Gateway Frontage,which requires 60%of the building frontage to be 5-15 feet from the right-of-way. Currently,there is an 800 square foot cottage from 1935 on the property that is set for demolition. In its place, a 1,183 square foot restaurant with limited seating and takeaway options is proposed. Directly south of the restaurant area, connected by a hallway,a 1,842 square foot craft brewery with a tasting room and 1,204 square foot rooftop patio is proposed. The remainder of the site will consist of an improved outdoor seating area with a food truck area, murals,fire pits,and covered seating structures constructed of refurbished shipping containers. While the building will be located outside of the build-to zone,the outdoor area will activate the streetscape by providing a view of the activities onsite without overwhelming the public realm. A dumpster enclosure is proposed to be located in the the parking area on the east side of the site. Due to the site's location near apartment dwellings to the south, a 10 foot vegetated buffer will be installed along the southern property line.A substantial oak tree on the site will be preserved and 10 new trees will be planted as part of this proposal.Additional trees on the site would increase the tree canopy in the Oceanfront area, assist with localized stormwater uptake,decrease urban heat island effect,and provide habitat for local wildlife. Parking The applicant is requesting a reduced parking requirement due to the pedestrian nature of the Oceanfront Resort District and the site's proximity to public transit and large public venues such the Virginia Beach Sports Center(0.4 miles) and Virginia Beach Convention Center(0.4 miles).The site is also 0.2 miles from the ViBe District,another walkable, pedestrian oriented area of the city with ample street parking. Normally, a project of this size would require a total of 21 parking spaces,and 9 are proposed. Since many of the patrons are expected to arrive on foot or bicycle,Traffic Engineering has suggested a crosswalk be installed across Virginia Beach Blvd at Washington Avenue. To accommodate the expected additional bicycle traffic,a condition of this staff report will require the applicant to provide 25 bicycle parking spaces onsite. DOZB, LLC Agenda Item 25 Page 2 atOstaset 1 . Zoning History # Request 1 STC(Alley between Virginia Beach Blvd and 18t'Street) �,eo ward r Approved 11/12/1982 vhee"sM " STC(Alley between Virginia Beach Blvd and 18th Street) wor" s✓i �� Approved 9/11 1996 �" 2 REZ(A-12 to R5-S)Approved 05/09/2000 3 CRZ(A-12& RT-3 to Conditional B-2)Approved 08/14/2001 CUP(Bulk Storage Yard)Approved 08/14/2001 L1; MOD Approved 5/8/2012 1st V" CUP(Automobile and Small Engine Repair)Approved C 5/8/2012 (✓y... y _ ASO( Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Oceanfront Resort District Form-Based Code(ORDFBC) provides flexibility through the Alternative Compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan (RASAP 2030) but do not follow the"prescribed form" as written. Section 7.3.3 of the FBC provides the'Review Standards'for these applications, noting that the City Council "shall consider the extent to which the proposed development,taken as a whole," satisfies these standards. Each of those standards is listed below,with a Staff comment pertaining to the degree to which the proposal meets each. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code,and specifically,the extent to which the proposed development: • Promotes modes of transportation other than the automobile,including walking and transit.Staff Comments: The site is located on Virginia Beach Boulevard, which is designated as a "Gateway"street by the Form-Based Code. While there is a higher volume of traffic on this street, the area still offers accommodations for pedestrians. The close proximity to the Convention Center,Sports Center, and ViBe District, along with the outdoor amenities proposed on this site promote alternative forms of transportation like walking, biking, or use of other micromobility devices. The conditions recommended below include the addition of a designated location to safely park and secure bicycles without obstructing the sidewalk. • Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians.Staff Comments:As proposed, the site will have unique shipping container buildings, murals, and an extensive outdoor area. The open layout of the site provides visibility to the activities on the site to add interest without overwhelming the public realm. • Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place.Staff Comments:Redevelopment of this site would create a more welcoming gateway to the Oceanfront Resort Area of Virginia Beach. The unique environment proposed at The Ship Yard, along with its proximity to major events sites and the ViBe District lends to the creation of a memorable and successful place, even during the off-season,supporting the goal to be a year-round destination. DOZB, LLC Agenda Item 25 Page 3 • Is consistent with the intent of the regulations applicable to the street frontage in which it is located,as set forth in Sec.2.1 of this code.Staff Comments:Appropriately, the front of the establishment is oriented towards Virginia Beach Boulevard, a Gateway frontage type, which is intended to carry a higher volumes of vehicular traffic through the district while still offering accommodations to pedestrians. • Is physically and functionally integrated with the built environment in which it is located.Staff Comments: The uses and structures on the site are well-suited in the Resort District. • Advances the goals and objectives of the parking strategy for the District.Staff Comments:As stated above, the outdoor nature of the activities at The Ship Yard promote walking and biking. There is concern from Traffic that the limited onsite parking could lead to overflow parking in the adjacent neighborhood. However, the applicant has stated their belief that many patrons will walk from the Convention Center,Sports Center, and ViBe District alleviating some of the demand for parking on the site. For those arriving by car, 9 parking spaces will be available on site. To accommodate the predicted amount bicycle traffic on the site, a condition to provide additional bicycle parking is included in this report.Additionally, to improve pedestrian safety along Virginia Beach Boulevard, a condition to install a crosswalk across Virginia Beach Blvd at Washington Ave is included in this report. • The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated.Staff Comments: There is potential for noise to be generated by the outdoor activity at the Ship Yard. This is appropriate for the Oceanfront Resort Area, however, due to the apartment residences to the southeast, amplified music will be prohibited after 11 p.m., coinciding with the proposed closing time of the establishment. New landscaping on the site will help to buffer noise, and the outdoor activity on the site is oriented toward the west and north, away from residential uses. While the applicant is requesting Alternative Compliance to the Form-Based Code,staff is supportive of unique proposals such as this,which would act as a gateway into the Oceanfront Resort Area and would be compatible with the established character of this part of the city. Based on the conclusion that the proposed uses and associated structures satisfy the standards above to the greatest extent possible,Staff recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code. Recommended Conditions 1. All new, permanent structures shall substantially conform to the renderings depicted in"Conceptual Site Plan, 829 Virginia Beach Blvd"dated May 25, 2021 by WPL,which has been exhibited to the City Council and is shown on pages 8 and 9 of this staff report. 2. Bicycle racks designed in conformance with the City's bicycle parking design guidelines to accommodate at least S% of the ectablichment'c permitted occupancy load twenty-five (25) bicycles shall be provided in a designated location to be determined during detailed site plan review. 3. An unsignalized crosswalk with added pedestrian warning signs shall be installed across Virginia Beach Boulevard on the east side of Washington Avenue per specifications outlined in the Public Works Design Standards Manual. 4. No amplified music is permitted between 11:00 p.m. and 10:00 a.m. 5. No merchandise, produce,or food shall be displayed or sold along the Virginia Beach Boulevard street frontage. 6. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise,traffic, lighting, or overflow parking. DOZB, LLC Agenda Item 25 Page 4 7. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes, but is not limited to,the following: a. Along adjacent properties that are considered to be"Protected Districts" by the Oceanfront Resort District Form-Based Code,evergreen trees shall be installed at a mimum of six(6)feet in height and be allowed to grow and be maintained at a height of no less than ten (10)feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four(4)feet. b. The 20"oak tree depicted to remain on the concept plan shall be preserved and properly protected through all phases of construction to the greatest extent possible. If the tree dies or is removed as a result of developing the site,three additional replacement trees shall be planted onsite. Replacement trees shall have minimum a caliper of 2 1/2" at the time of planting. 8. All interior lot lines shall be vacated. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Resort Strategic Growth Area (SGA),which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities, and a variety of civic, commercial,artistic, and ethnically diverse areas. The Resort Area Strategic Action Plan (RASAP)2030 identifies four sub-districts that has their own distinct character and are key to diversifying the Resort Area.The subject area is located within the Central Beach district,which encompasses the 21st Street Gateway,the ViBe Creative District,the Virginia Museum of Contemporary Art (MOCA) and 19th Street multimodal corridor.The Central Beach has been designated as one of the high-priority streets for streetscape improvements, including public art, lighting, landscaping, and outdoor amenity spaces.The RASAP 2030 also set priorities for adopting best practices for beautification, placemaking,wayfinding, events and programming, incentive programs,and infrastructure improvements.The Plan also prioritizes the need to create a sense of arrival and welcome into the Resort Area and the need to achieve the goal of a year-round resort. Additionally, new developments should respect and protect the character of the existing neighborhoods, design for neighborhood scale, provide amenities for both the residents and visitors, provide ground-level transparency,and provide proper façade articulation that will allow neighborhood street interaction. The request for alternative compliance to construct a craft brewery with tasting room and open outdoor space along a main corridor in the Resort Area is deemed consistent with the RASAP 2030 vision of street activation, beautification, and creation of sense of arrival for the Central Beach District. DOZB, LLC Agenda Item 25 Page 5 Moreover, applicants proposing developments within the Resort Area are encouraged to present their proposals to the Resort Advisory Commission's Planning&Design Review Committee(RAC-PDRC)for design and development review and recommendations for conformity with the RASAP 2030. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 10,900 ADT 25,100 ADT 1(LOS°"D") Existing Land Use 2-10 ADT Proposed Land Use 3—No Data Available lAverage Daily Trips 2 as defined by a single-family 3 No information available in the 4 LOS=Level of Service home ITE Trip Generation Manual for Craft Brewery Master Transportation Plan (MTP)and Capital Improvement Program (CIP) Virginia Beach Boulevard, in the vicinity of this site, is a four-lane undivided minor urban arterial.Virginia Beach Boulevard has a variable width right-of-way. The right-of-way is 75 feet in the vicinity of this site.The MTP shows a four- lane road with 100 foot right-of-way and shared-use path. This section of Virginia Beach Boulevard is included in the 17th Street Improvements, Phase 1 CIP project. The project will provide a rehabilitated streetscape,traffic safety improvements, better bike and pedestrian accommodations, utility and stormwater upgrades,and aesthetic improvements such as street trees and pedestrian streetlights.This project could begin construction in the fall of 2023. Public Utility Impacts Water The site currently connects to City water via multiple domestic service lines. Existing lines that are inadequate or unused must be abandoned.There is an existing 12-inch City water main and a 16-inch City water transmission main along Virginia Beach Boulevard. Sewer There is an existing 20-inch sewer force main along Virginia Beach Boulevard. Billing records indicate this site is connected to City sanitary sewer. However, the point of connection could not be determined. With submittal of a site plan, the developer must identify the point of connection and make improvements if it does not meet City Standards. Public Outreach Information Resort Advisory Commission (RAC) • The applicant presented w4( present the proposed conceptual plans and renderings to the RAC Planning Design Review Committee on June 1,2021. No obiections were raised. Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. DOZB, LLC Agenda Item 25 Page 6 • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9, 2021. DOZB, LLC Agenda Item 25 Page 7 la 0 0 In CD 0.. N • \. cri c a b Doe .10 7., "".".'I. ,01111110: . I----- 1111 ------"":71rit"7:' Amos NAM.A. - d sCO • r �y� e, _ TO CO =.6. °r I. ANommo ��. • _� t 11. `• J �rYr: AAA +—, Ca {! �.✓.+w xY Mi .Curly Plfr IA a ,. 3 Ii ii 0. /l I. _ .�+ A w l` e II ar • 1.7. Na o»i— a. »w_— AAA on w.MOPY , d_. ....../ _____.._,. '-' .x ....rant"It rar 4 CONCEPTUAL SITE PLAN i 829 VIRGINIA BEACH BLVD. s_rl ai...m AlTRIJISTIf VIRGINIA BEACH VIRGINIA 220-0254 WPL I LANDSCAPE ARCHITECTS I LAND SURVEYORS,CIVIL ENGINEERS JUNE,2021 L-102 > 00 CD Z CL 0 41 O ' IV W 00 0 tJ I- 00 Ln Cl Proposed Site Layout - 1 � l i DOZB, LLC Agenda Item 25 Page 9 Proposed Renderings 41P At �ti;. 4yy Iii ,,N. „,,,,,,,,,, \op, gilkk DOZB, LLC Agenda Item 25 Page 10 Proposed Renderings N A . .., ,...-- ._ . . • - .. . . . . ...,,..... 1, .... ._...- ., ...4.".•- , i ,,rm. Tr ei. .., .. r . • • ;‘,,,:,.P.,t-f,'';'-•''Att.:_'; ..„.,r .'=f- .:':' •cia -,-1'-.--_-••-.1-8,., •.;... ....4- .s.f.„----w, •-• .- . • . 4.J.1. slip,10,41,. '': -'. - • .. -,.` •- , ,- '•''„; • ,''. • 1"•- 1, ' • tft:Irti•:•••Ir : ,.. .--- ; :* -—.. ....°1' '''.(''1:; -- -. Pc.q l': ..:': ..: .- '1k, s•- '-- (""-- at. A. n444 ,".- ' :. ' . .." . 'Afi'., - '' -"' . _ :. ....-t --...i.- ,...- .._:.'40.;., •'..-....':': ',. •111t.. ' ‘'A ... • ..•5:':::--.47 ' '''' '."--...1F.1-,0•, - -' ...#-• ':.,tiiitl ''•'.-4.-`, . - ••• ,. jo...., ' 2-T.r.t..N?.-... ''. ."--2::' >- ... —;,11.111A;;.: •... Tit,Fz:7... . -,'• ,• ....,;. ---"- ti:-, # ---''' • 1•4',4, _ ;-',,g, '', , -,.. -. •,. ... • - . .1444Pr -------.'".........1111141 ' A J . ., ....,. ..,.,,. ..... ...... . , ...... _•.. .. .., ............. , _... I ... . ., . ....-,,..._: ...,: 7..... , _,,,.., . i ui, . , i ftli A „. --- . . ,. 11111111. - .----- -:- ••.''''->''' DOZB, LLC Agenda Item 25 Page 11 Site Photos i t < .1 ijt ,tea < ,d i.,- - ' ,,,• .,a4t�, t s,I'� - ,w` . I- • f Y 1� i, tY µ 1 d�+Y.,3j, .ales t x''tl, iria C� �r',.i' 6q ,,j •x .'i y .�,ya ,Jn ''r V•' -t-, .f�wF`1.,r3 . .,: Sir n. • .rr..i t 4�'-fie y4 ;t ."'SSS•4 «a+_ 4 • • :. ? 4� ' y ' • ri. jj• r 4' ,Ti: i ♦, : - : P fir.•10, �s ' fi �' n•'t"n �_y fiL,. lei . _ _ _ _ Ar #., ar_ .� ,, .",ro 'pan-..- _ - n.x i r .s•. !'r' . 4 i ..+. <-. •.• • DOZB, LLC Agenda Item 25 Page 12 Site Photos i 6. n: v- • .^4 '+va DOZB, LLC Agenda Item 25 Page 13 Disclosure Statement Disclosure Statement Vr3 cit i"owinio S., Planning&Community Development •E• ms_.. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name DOZB,LLC,a Virginia limited liability company Does the applicant have a representative? U Yes 0 No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?IN Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Mark DesRoches;Regina DesRoches;Dalton DesRoches • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) DOZ,LLC Parent and DOZE,LLC subsidary "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 DOZB, LLC Agenda Item 25 Page 14 Disclosure Statement Disclosure Statement cey of Vivinio&ut .. Planning&Community - Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach ave an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property'®Yes 0 No • If yes,identify the firm and individual providing the service. DesRoches&Company,CPAs,P.C.;Mark DesRoches,CPA 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes 0 No • If yes,identify the firm and individual providing the service. Altrustic Design,Architect;WPL,Land Planner 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ®No • If yes,identify the purchaser and purchaser's service providers. 21 DOZB, LLC Agenda Item 25 Page 15 Disclosure Statement Disclosure Statement 33 Cry of V)rymv Bradt Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑No • If yes,identify the firm and individual providing the service. Eric Garner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes 0 No • If yes,identify the firm and individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. DOZE,LLC Applicant Signature Mark DesRoches Print Name and Title March 30,2021 Date Is the applicant also the owner of the subject property? 0 Yes •No • I'yes,yo.i do not need to fill out the owner disclosure statement FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® �.'c changes as of Date '07/01/2021 Signature 2/144d/1i Print Name Hank Morrison zI DOZB, LLC Agenda Item 25 Page 16 Disclosure Statement Disclosure Statement \/13 Planning&Community Development elopment Owner Disclosure Owner Name D Z.LLC,a Virginia limited liability company Applicant Name DOZE,LLC,a Virginia limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?S YeS 0 NO • If yes,list the names of all officers,directors,members,trustees,etc be ow I Attach a i•st d necessary) Mark DesRoches;Regina DesRoches:Dalton DesRoches • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the Owner. (Attach a list if necessary) DOZ,LLC Parent and D028,tt.0 subsidary Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach rave an interest in the subject lane or any proposed deve.opment tort nyent on the subject public action'❑Yes No • I'yes,what is the name of the official or employee arc what is me nature of the interest? 'Parent-subsidiary relationship'means"a re atonsnip that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code 4 2 2•3101 `'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner In the other entity,or pul there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets.the business entities share the use of the same offices or employees or otherwise share activities.resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act.Va Code§2.2-3101. 5) DOZB, LLC Agenda Item 25 Page 17 Disclosure Statement Disclosure Statement cry re h-„y..K,awd Planning&Community Development Owner Services Disclosure I Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operatng or to be operated on the property, ❑Yes ■No • If yes,identify the financial institutions providing the service. 2 Does the Owner have a real estate broker/agent/reattor for current and anticipated future sales of the subject property) OYes ■No • If yes,identify the company and individual providing the service 3 Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes 0 No • tf yet,identity the firm and individual providing the service DesRoches&Company,CPAS,PC;Mark DesRothes,CPA 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yet I No • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property❑Yes NI No • If yes,identify the company and i^d vidual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 61 . DOZB, LLC Agenda Item 25 Page 18 Disclosure Statement Disclosure Statement ('+'Y r//5tuae B.uA ...,ram. Planning&Community Development 8 Is the Owner recery ng legal services in connection with the a't'c application or any business ope'atin.g or tc be operated on the property?0 Yes M No • If yes,rdent4 the firm and individual p-ooidmg legal the service Owner Signature I certify that at of the information contained in th s Disclosure Statement Form is cornolete,true,arc accurate I urderstar,d Prat, upon receipt of notification that the application has been scheduled for public hear ng I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Dal.LLC By ✓`' ! 4 •( 7 7Fh Owner Signature Mark DesRoches Print Narne and Title Marti 30,2021 Date DOZB, LLC Agenda Item 25 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. DOZB, LLC Agenda Item 25 Page 20 Item #25 DOZB, LLC [Applicant] DOZ, LLC [Property Owner] Alternative Compliance 821, 823 & 825 Virginia Beach Boulevard June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Okay. Thank you. The next item on the consent agenda is agenda item number 25 DOZB, LLC as both the applicant and the property owner for alternative compliance. This application is located in the Beach District. Is there a representative for this item? Mr. Bourdon: Again, Mr. Chairman, Mr. Vice Chair, members of commission Eddie Bourdon, Virginia Beach Attorney representing DOBZ, all eight conditions as recommended by Mr. Morrison, including the revised condition regarding the bike parking that he reviewed in the informal are acceptable to my clients. I'm not sure if the disclosure included disclosure of my representation. We'll get that straight between here and City Council and appreciate being on the consent agenda. Mr. Wall: Okay, thank you. Is there any opposition for this application being placed on the consent agenda? Hearing none, we've asked Mr. Inman to read this into the record. Mr. Inman: Thank you, Mr. Wall. This property is located at 821, 823 and 825 Virginia Beach Boulevard and the existing land uses mostly vacant but with a single family dwelling on part of it. Surrounding, it is a mixed use of land uses. It happens to be across the street from the Precinct Station on Virginia Beach Boulevard. The proposal is to develop what's called the shipyard at 17th Street, which is a craft brewery tasting room restaurant with extensive outdoor area for use as a beer garden on Virginia Beach Boulevard. The proposed structures on the site do not meet the build-to requirements of the Oceanfront Resort District Form Based Code and the applicant requests alternative compliance to proceed. Build-to requirements have to do with setback from the street. So the applicant has requested that the proposed structures to be placed outside the build-to zones for mixed use buildings along the gateway frontage, which requires 60% of the building frontage to be 5 to 15 feet from the right-of-way. And currently there's an 800-square foot cottage from 1935 on the property, its set for demolition. In this 1 place, an 1183 square-foot restaurant with limited seating and takeaway options is proposed directly south of the restaurant connected by a hallway and 1842 square feet craft brewery with a tasting room and a 1200 square foot rooftop patio is proposed. The applicants requesting reduced parking due to pedestrian nature of the Oceanfront Resort District and the site's proximity to public transit and large public venues such as the sports center and Virginia Beach Convention Center. The site is also only 0.2 miles from the VIBe District another walkable pedestrian oriented area with ample street parking. So in conclusion, the recommendation and evaluation by the staff is that the Form Based Code provides flexibility through the alternative compliance process to accommodate unique uses and development forms that contribute to the character and ambiance envisioned in the Resort Area Strategic Action Plan, but do not follow the prescribed form as written. Section 7.3.3 of the Form Based Code provides Review Standards for these applications noting the council shall consider the extent to which the proposed development taken as a whole and satisfies these standards. Having considered all these recommendations, we decided to put it on a consent agenda. Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The planning commission also places the following applications for conditional use permit for short-term rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition.These include agenda item number 28 Dan&Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The planning commission also places the following applications for conditional use permit for short-term rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan&Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? 2 Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. 3 Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20, 21, 24, 25, 28, 31, 37, 38, and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT 4 Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All new, permanent structures shall substantially conform to the renderings depicted in "Conceptual Site Plan, 829 Virginia Beach Blvd" dated May 25, 2021 by WPL, which has been exhibited to the City Council and is shown on pages 8 and 9 of this staff report. 2. Bicycle racks designed in conformance with the City's bicycle parking design guidelines to accommodate at least ° twenty-five (25) bicycles shall be provided in a designated location to be determined during detailed site plan review. 3. An unsignalized crosswalk with added pedestrian warning signs shall be installed across Virginia Beach Boulevard on the east side of Washington Avenue per specifications outlined in the Public Works Design Standards Manual. 4. No amplified music is permitted between 11:00 p.m. and 10:00 a.m. 5. No merchandise, produce, or food shall be displayed or sold along the Virginia Beach Boulevard street frontage. 6. The operation shall not disturb the tranquility of residential areas or other areas in close proximity or otherwise interfere with the reasonable use and enjoyment of neighboring property by reason of excessive noise, traffic, lighting, or overflow parking. 7. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes, but is not limited to, the following: a. Along adjacent properties that are considered to be "Protected Districts" by the Oceanfront Resort District Form-Based Code, evergreen trees shall be installed at a mimum of six(6)feet in height and be allowed to grow and be maintained at a height of no less than ten (10)feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four(4)feet. b. The 20" oak tree depicted to remain on the concept plan shall be preserved and properly protected through all phases of construction to the greatest extent possible. If the tree dies or is removed as a result of developing the site, three additional replacement trees shall be planted onsite. Replacement trees shall have minimum a caliper of 2 1/2 at the time of planting. 8. All interior lot lines shall be vacated. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site 5 plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 6 0 _ ____ _ 1 42464 94003r. 73 1 'I. 801 S LYWHAVEN RD Ili TO I 0 --.--- 829 LYNN HAVEN PKWY STE 130 1 II.,I-18.•1 . 3012 PEWTER RD rr LOCATION MAP N RD 1496'3435020000 .... . . , I .--- __ - \ 81 1-19,'‘249,16.,*r.roor r 1 S LYNNHAVEN RD i - ------ -.., t ------1-", -- t -.-----------=-- -7 1 I .. ..., 3013 PEWTER RD 1 VP t X ' 73 1, \ 14962493670000 .x. 1. 1 851 S LYNNHAVEN RD \ ____--- \ ----------'\ R \ — ---- \ :-.... F ___-4,------------1-- ';'":.% 879 LYN N HAVEN PKWY ST L 1,i 14962493710100 _- _ . 1 ----- GPIN: 1496-34-2200 ___-- ',__------ Approx. 19,338 sq. ft. _ ._1.---------- \ ZonedBus Business s Dis Community __ ___----------) ti 871 S LYNNHAVEN RD __ ___-------- -TT i ' \ 1 4962481240000 ''p 14. \ - , ___---ic----------- , t _.....--------'-4"------------- ,.... I, I\ — — \-t‘ . 3012 OLE TOWNE LNIt \ -------------------------t4L L.14- ---- -- 897 LYN N HAVEN PKWY . oLE 1CNY LO : tO , ...----"------- . --- 1t .-.- -'"--'----1- ,, 01/41_10'04 1'14 _ 4, \ 1.- ------ c + --- .7 \ 14%331920 901 MAPLETON RD 1.• II 11,.ti30q250000 -- '\ , 900,C.ARRIAGE HILL RD is i';'. 922 S LYNNHAVEN RD .0 3013 OLE TOWNE LN _ r , ri _ _, , i= 3017 OLE TOWNE LN 1496238983000 ----- 4<A. 14962378980000 .19fv ti 781:0-1110 I S, I' ..' 1.'--904—CARRIAGE HILL RD 1 14c.63 3 1 8460000 \\ 4, '$. ....., ,.•—•-•-.0.0,.•. \ '' 14.-01;110R4iriNI4N1 1,_ y 0i� sl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of South Lynnhaven, LLC for the Modification of the Conditions of a Street Closure for a Portion of South Lynnhaven Road MEETING DATE: July 13, 2021 (DEFERRED: June 15, 2021 and July 6, 2021) • Background: On August 13, 1984, City Council conditionally approved the closure of approximately 23,470 sq. ft. of South Lynnhaven Road (the "Street Closure"). Conditions of the Street Closure included 1) reserving an easement to the City for installation and maintenance of public utilities, and 2) reserving an easement to the City for access of emergency vehicles (collectively, the "Easements"). On May 20, 1985, City Council adopted an Ordinance for the extension of time to meet the conditions of the Street Closure and for the final approval of the Street Closure. South Lynnhaven, LLC (the "Applicant") is the current owner of an undeveloped parcel of land designated as GPIN: 1496-34-2200 (the "Property"). The Property, which includes 11,694 sq. ft. of the closed area, now contains approximately 19,338 sq. ft. (0.444 ac.) and is zoned B-2 Community Business District. The Applicant requests that the street closure conditions be modified to remove the requirement of the Easements on the Property to allow future development of the Property with a use compatible to the surrounding area. As requested during the City Council briefing on March 25, 2021 , attached are additional documents that provide details of the Street Closure. • Considerations: Approximately 11,694 sq. feet (or 60%) of the Property is encumbered by the Easements, which makes it difficult to develop. The Property is also nonconforming, as it contains less than the minimum lot size requirement of 20,000 sq. ft. in the B-2 Community Business District. Modifying the conditions of the street closure to allow the Easements to be vacated would expand the buildable area on the Property. Staff has determined that the Easements are no longer required for a public purpose; and therefore, supports modifying the street closure conditions that required the Easements, so long as the Applicant, at its sole expense, either relocates or abandons any City infrastructure located within the Easements, subject to approval by the Department of Public Utilities. South Lynnhaven, LLC Page 2 of 2 One letter of opposition was received from an adjacent property owner, who noted concerns that the future development on the Property would negatively impact their property. • Recommendation: On May 12, 2021, the Planning Commission passed a motion by a recorded vote of 7-0, with 1 abstention, to recommend that City Council approve the request for modification of the 1984 Street Closure conditions by deleting the requirement of the reserved Easements, with the following conditions: 1 . As to the Applicant's property, the conditions attached to the Street Closure granted on August 13, 1984 and extended on May 20, 1985, are hereby deleted. 2. As to the Applicant's property, a Deed of Partial Vacation to vacate the variable width public utility and emergency vehicle access easements shall be recorded with City of Virginia Beach Clerk of Circuit Court within 365 days from the date of City Council action. The Deed of Partial Vacation shall be subject to the approval of the City Attorney's Office. 3. All City public utility infrastructure within the easement area to be vacated shall be relocated or abandoned as determined and approved by the Department of Public Utilities. • Attachments: Ordinance Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Letter of Opposition (1) 1984 Street Closure Items - Approval Letter - City Council Minutes - Staff Report - Street Closure Exhibit - Street Closure Application - Viewers' Memo Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager:/k. 1 ORDINANCE APPROVING APPLICATION OF 2 SOUTH LYNNHAVEN, LLC FOR THE 3 MODIFICATION OF THE CONDITIONS OF A 4 STREET CLOSURE FOR A PORTION OF 5 SOUTH LYNNHAVEN ROAD 6 7 WHEREAS, on August 13, 1984, City Council conditionally approved the 8 closure of approximately 23,470 sq. ft. of South Lynnhaven Road; 9 10 WHEREAS, on May 20, 1985, City Council adopted an ordinance for the 11 final approval of the street closure (the "Street Closure"); 12 13 WHEREAS, Conditions of the Street Closure included 1) reserving an 14 easement to the City for installation and maintenance of public utilities, and 2) reserving 15 an easement to the City for access of emergency vehicles (collectively, the 16 "Easements"); 17 18 WHEREAS, South Lynnhaven, LLC (the "Applicant") is the current owner 19 of an undeveloped parcel of land designated as GPIN: 1496-34-2200, consisting of 20 approximately 19,338 sq. ft. (0.444 ac.) (the "Property"); 21 22 WHEREAS, the Property is also nonconforming, as it contains less than 23 the minimum lot size requirement of 20,000 sq. ft. in the B-2 Community Business 24 District; 25 26 WHEREAS, modifying the conditions of the street closure to allow the 27 Easements to be vacated would expand the buildable area on the Property; 28 29 WHEREAS, City staff has determined that the modification of the 30 conditions of the Street Closure would not result in any inconvenience to the public; and 31 32 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 33 Virginia Beach, Virginia: 34 35 SECTION I 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1 . The conditions of the Street Closure requiring the Easements on 41 the Property are hereby deleted. 42 43 2. A Deed of Partial Vacation to vacate the Easements on the 44 Property shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia 45 Beach, subject to approval of the City Attorney's office, within 365 days from the date of 46 approval of this action. 47 3. All City public utility infrastructure within the Easements on the 48 Property shall be relocated or abandoned, as determined and approved by the 49 Department of Public Utilities. 50 51 SECTION II 52 53 1. If the preceding conditions are not fulfilled on or before July 5, 2022, this 54 Ordinance will be deemed null and void without further action by the City Council. 55 56 2. If all conditions are met on or before July 5, 2022, the date of final closure 57 is the date the street closure ordinance is recorded by the City Attorney. 58 59 3. In the event the City of Virginia Beach has any interest in the underlying 60 fee, the City Manager or his designee is authorized to execute whatever documents are 61 requested, if any, to convey such interest, provided said documents are approved by 62 the City Attorney's Office. 63 64 SECTION III 65 66 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 67 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 68 VIRGINIA BEACH as "Grantor" and SOUTH LYNNHAVEN, LLC as "Grantee." 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on this 71 day of , 20 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J1 `_ WOO w1114. Planning Department City Attorn y CA15221 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d022\p044\00735078.doc R-1 June 24, 2021 2 7 DENOTES PORTION Of comic PERPETUAL VARIABLE 0' 40' 80 // VIDTH P%RK UTIUTY, DRAWEE, /ELNGRESS CARESS IMIlninallliNj / AND OIERGENCY %MOLE ACCESS MEMO DEDICATED BY D8 2414, PG 1652 PROPOSED TO BE GRAPHIC SCALE N78'19'12'E VACATED. AREA • 11,694 SF OR 0.268 AC 1••40' 11.60' —— —— —— •A • j ' I POWIOv X PA VEI i4' III OE Pa PC IV -F1 01% tfg 114 '' X DENOTES EA5T:1E?IT LINES .t § Z '& PROPOSED TO BE VACATED PURSUANT it & 0 1 STATEID MINA PA Z :4" A < 4 SOUTH LThM AVD4 LLC AE a'0c) (INST. Na 20090827001o13970) PARCEL D-1 Nf7 >r 1-4I ot _ (INST.0 CM 1 p6-6 312+0) A 1.4111.4 L,M=ID L449111)'COMPAVr li ie. AREA • 19,336 SF t2 � PC 1�) OR 0.444 AC PACa A"(AS52PC17,E 021114v Or ROW ;4'(ae 94 PC IV dti at v POWAY Or S L MML4N91 h A40 I �► (A9 2014 PC A777) 4 I R p�1h/496-31-D/6S 1651 S L)W N)/R1.'ND 8 ` AID DIMS r r ALA 61.231 1T(te 2I/4, PC 1655) IVx S48'56'23111 • 1a29' • O• trc , S78'44'31•W Ttn./ 68.84' aD =PE LINE" 7' (re Sz PC*lie SZ PC,9)9e '2z Pt;n) MI81T A EXHIBIT SHOVING PORTION OF kt,T PERPETUPL VARIABLE MOTH PUBLIC UTILITY, DRAINAGE. �j+'" H ��IAINGRESS/EGRESS AND EMERGENCY VDICLE ACCESS ,oP EASEMENT DEDICATED BY DB 2414, PC 1652 .41.146 C. PROPOSED TO BE VACATED .:�r �'' VIRCNA BEACH, VIRGNA `.EFFREY J. yea SE 1D ER 23, 2020 SEE S 2 OF 2 FOR Uc. No, 2306 M S A, P . C _ NOM ND CUR* TAU 9-23-2020 +`'' °"" SLR � ca .I . 5032 Rouse Drive.Suite 100 , CS 707, PAGE 4 -I: Virginia 13cach,VA 23462 Wm BY:KCR �. 757-490-9264 JOB, 19322 SHEET: i OF 2 %VWW'.msaonline.com SCALE: 1' • 50' Applicant & Property Owner South Lynnhaven, LLC Agenda Item Planning Commission Public Hearing May 12, 2021 NIBCity Council Election District Rose Hall 8 Virginia Beach Request Modification of Conditions Valk Staff Recommendation \ C � -� a Approval �o Ferry Farm lane ri & ' 11\ t Bowling Green Dave 113 Staff Planner (i Gentry Road n ' Hank Morrison V ° 8 Ash/ay,^re,,a, . /. Location j c; 877 S. Lynnhaven Road Pewter Road l 6h.,P w John Hancock,' ` / p , tc GPIN a y LW& Cherie Drive e 1496342200 t s ." Co a Site Size gay D,e°ae 4°R4t/J 19,338 square feet oo y Goo e4% BC:e AI C U Z �'°b ck.Is /"r Ca, Greater than 75 dB DNL �o` asp, :: Watershed t Dame PI Dubois Placa Chesapeake Bay Existing Land Use and Zoning District Undeveloped/B-2 Community Business r. SurroundingLand Uses and ZoningDistricts ''� -�- � z._ North ,'t South Lynnhaven Road >1 k. 't; ,, • Retail establishments /B-2 Community r in Business v e �,\. i is South Ole Town Lane Retail establishments/B 2 Community Business t • East ` South Lynnhaven Road ,e f�\� Retail establishments/ B-2 Community Business �, `''�, v� �`, West ,. 1' —. e • d°•> Retail establishments/B-2 Community Business South Lynnhaven, LLC Agenda Item 8 Page 1 Background & Summary of Proposal • The applicant is requesting a modification of street closure conditions to remove said conditions, allowing the easements to be vacated in order to increase the buildable area on the site. The applicant proposes to develop the property into a small office use. • On August 13, 1984, City Council approved a Street Closure for approximately 23,470 sq.ft. of South Lynnhaven Road that encompassed a portion of this property with the conditions that (1) an easement be reserved to the City for installation and/or maintenance of public utilities; (2) an easement be reserved to the City for access of emergency vehicles; and (3)the closure shall be contingent upon compliance with the above-stated conditions within 180 days of approval by City Council. On May 20, 1985, City Council approved an extension of time to meet the street closure conditions and adopted an ordinance for the final approval of the street closure. • On May 31,1985,the applicant's predecessor in title dedicated the easements as to the applicant's property to the City by a Deed of Easement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach. • The applicant's property is approximately 19,338 square feet, is zoned B-2 Community Business District, and is currently undeveloped. 11,694 square feet(60%) of the property is encumbered with the easements. 1 \ 9111111.,„ of, Zoning History # Request 1 CUP(Automobile Repair)Approved 01/13/2016 s %/I 2 CUP(Automobile Repair&Sale)Approved 09/10/1997 Iliti ,,. 3 STC Approved 5/20/1985 .3\ , oy1_VM .`°o• - \1 c---7 . , c-.. . Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation Staff finds this request to modify the original conditions of the street closure to be acceptable. At 19,338 square feet, the site currently does not meet the 20,000 square foot minimum dimensional requirements for development in the B-2 zoning district. However,the parcel was legally created prior to the minimum dimensional requirements were put into place, making the property legally nonconforming. Modifiying the conditions to allow the vacation of easements on the applicant's property would expand the buildable area on the site. Based on its proximity to other commercial uses, future development of this parcel into office or retail will be compatible to the surrounding area.The proposal to vacate the easements on the subject property has been reviewed by the Department of Public Utilities and Department of South Lynnhaven, LLC Agenda Item 8 Page 2 Public Works-Traffic Engineering. No concerns were raised for the vacation of the easements. Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. As to the applicant's property,the conditions attached to the Street Closure granted on August 13, 1984 and extended on May 20, 1985 are hereby deleted. 2. As to the applicant's property, a Deed of Partial Vacation to vacate the variable with public utility and emergency vehicle access easements shall be recorded with City of Virginia Beach Clerk of Circuit Court within 365 days from the date of City Council action. The Deed of Partial Vacation shall be subject to the approval of the City Attorney's Office. 3. All City public utility infrastructure within the easement area to be vacated shall be relocated or abandoned as determined and approved by the Department of Public Utilities. 1984 Street Closure Conditions The original Street Closure was approved by City Council on August 13, 1984, with an extension of time and final approval on May 20, 1985. The conditions were as follows: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right of way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations This street closure modification application involves property that is zoned B-2 and surrounded on all four sides by properties with similar zoning or uses. Therefore,this application is consistent with the Comprehensive Plan Suburban Area Guiding Planning Principle to create and maintain neighborhood stability and sustainability. Ultimate development of this property to a B-2 use should not be incompatible to the surrounding uses or the nearby residential neighborhood. South Lynnhaven, LLC Agenda Item 8 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on the site. Public Utility Impacts Water • There is an existing 12-inch City water main located within the western half of the closed portion of South Lynnhaven Road. • If the site is developed in the future it will be required to connect to City water. Sewer • City sanitary sewer is not readily available the site. However,there is an option to connect to the existing 8-inch City sewer main near the intersection of Ole Towne Lane and Cariage Hill Road. • The existing 8-inchCity sewer force main, which is no longer in service, located within the portion of the Public Utility Easement proposed to be vacated will need to be abandoned in accordance with Public Utility Standards. • The abandonment must be shown on a site plan for future development of the property Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on April 12, 2021. • As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 25, 2021 and May 2, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on April 26, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on May 6, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 30, 2021 and June 6, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on May 28, 2021. South Lynnhaven, LLC Agenda Item 8 Page 4 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on June 11, 2021. South Lynnhaven, LLC Agenda Item 8 Page 5 Street Closure Exhibit 0' 40' 80' DENOTES PORTION OF EXISTING PERPETUAL VARIABLE I + / WIDTH PUBLIC UTIJTY,IXUINAGE,INGRESS/EGRESS IMMEMEAND EMERGENCY VEHICLE ACCESS EASEMENT DEDICATED BY DB 2414, PG 1652 PROPOSED TO BE GRAPHIC SCALE 117819'12'E VACATED. AREA = 11,694 SF OR 0.268 AC 1".40' 11.60' „ `51 Et g ao, PO4I10Y OFPARZZ :4" (Me.A'2 PCIVg P 2 tlr� N NNti, 1 a -1, lie ri., i� f ' X DENOTES EASEMENT UNES cr• PROPOSED TO BE VACATED zPURSUANT TO VIRgNIA STATE ,s TA { COOE 15.2-2270 PARCFL "A" A a H & SOUTH LYNNNAVEN LLC (m8 52 PC 17) N d ! (INST. NO.20090827001013970) N� 1PARCEL D-1 • (INST. NO.20080620000731240) N 440REALJY L.LC. I A g GPIN:1496-34-2200 A WRG14WA LM1171 LL49E/1Y COMPANY AREA- 19,338 SF (L J726 PC 1561) a OR 0.444 AC PARa7 :47)e 52 PC 14 g94/XIV or PARaz :4"*8 9a PC.O A) �2 a05E0 Pp9AOY a<S 11w/At£N ROAD 1 , �_ N, GPA 1496-JI-0165 /851 S 1 wM1Ait7V RQ40 8 :st lo PriPE/VA[PinA'VOL/P: O4A/NA(2 ,424ES iATIRESS AANJ EMERGENCrALLESS i F�!il) EA.21ENT 09 2114 PC 16.15) I >K 5485613Ni i 10.29'� • - y - S78'44'31'W 68.84' LYD 7DAME LAW(50'/Vie (L49 52, PC 17)(M9 B7, PC J9)(M9 122 PC/1) EXHIBIT A EXHIBIT SHOVING PORTION OF PERPETUAL VARIABLE WIDTH PUBUC UTIUTY, DRAINAGE, 0• H oP D INGRESS/EGRESS AND EMERGENCY VEHICLE ACCESS f•P EASEMENT DEDICATED BY DB 2414,PG 1652 • 4:. PROPOSED TO BE VACATED •10111111 r11111111111Kte VIRGINIA BEACH, VIRGINIA UJFFFREYJ. NEMMER> SEPTEMBER 23. 2020 SEE SHEET 2 OF 2 FOR Lit. No. 2306 9-23-2020 _M S A, P . C . NOTES MD CUM TABLE c-14,0 Cye L .wimmental Sciences•Planning• ng SURD ('nil&Environmental Engincering•Lamb:ape mbito'tun: 11111101, Uii 5032 Rouse Drive.Suite 100 i•Ph'i IUU CS 707, PAGE 4 ■■L% 9..■ Virginia Beach.. ■VA 23462 • L--I.' ' • DM BY:KCR ••~�i'•� 111 757-490-9264 ■••r. •i.-• JOB 19322 SHEET: 1 Or 2 SCALE: 1' 50' South Lynnhaven, LLC Agenda Item 8 Page 6 Street Closure Exhibit ``L O In T C �, -0 >` f iC > CU � 7-5 O NLc)•V C > O O I_ Q O._ i_______i [ i 0o s r � H N �y N�. N vrzlf0 W 5I U� H W (^11 kS NI 16614.967�7ol9og�t E i H d s 7 ,,,,,,,,,, ..,.,.d ,,, �tr>� o ,, 1H 1 W • 6< JNy/ 7{O co� t• `I N wyN 4. O,0 IL'� . •C .;.,1 0gbg � i ` F . , s.' \ti - N f 1'40 4.! 1Y 219.41 dy Q'O.Sro PORRON Of SOUTH l rAlNNA da ROAD (A4 21f4 PC 2077) :It -'11711111111milimillimillimilmw k ....„.... r1� ;:(�et m b D. IS. �� ff ^ t k gN4 '• -. e i � � tilt 1 South Lynnhaven, LLC Agenda Item 8 Page 7 Site Photos / V 7" 7. ..• . • . — — • i; --...411% , . ..••• . . • • • , , • • _ - 74. -441,• •'1.,4411p, AA* '444111k_ South Lynnhaven, LLC Agenda Item 8 Page 8 Site Photos - • South Lynnhaven, LLC Agenda Item 8 Page 9 Disclosure Statement Disclosure Statement CI ofV5 viv Bad Planning&Community - Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name South Lynnhaven LLC Does the applicant have a representative? I Yes ❑ No • If yes,list the name of the representative John Merenda Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? IN Yes E No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) John Merenda;Cowles M.Spencer,Jr.,Chris Wood,James Wood,Levi Thompson • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach a list if necessary) n/a •"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code 4 2.2-3101. `Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 South Lynnhaven, LLC Agenda Item 8 Page 10 Disclosure Statement Disclosure Statement Cl:y avi,vvea aach Planning&Community ., �e - P.velopment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach nave an interest in the subject land or any proposed development coctingent on the subject public action?II Yes ❑No • If yes,what is the name of the official or employee and what is the nature of the interest? James Wood,part owner Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? IN Yes ❑ No • If yes,identify the company and individual providing the service. Mid-Atlantic Commercial Real Estate 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Rocklaine Financial 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. MSA,Casey Ragle 5. Is there any other pending or proposed purchaser of the subject property?IIIIII.Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Client prefers not to disclose Revised 11.09.2020 2 South Lynnhaven, LLC Agenda Item 8 Page 11 Disclosure Statement Disclosure Statement -Nilii ON of vinfink a• Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?E Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,Identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. Harry R.Purkey,Jr.,P.C.,Harry R.Purkey,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ap licant Signature l int Name and Title John Merenda-Managing Member Date Is the applicant also the owner of the subject property? Iiii Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® No eh..g..n of Date 06.04.2021 srt"a°ne Pr1Ot Name Hoa N. Dao Revised 11.09.2020 3 South Lynnhaven, LLC Agenda Item 8 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. South Lynnhaven, LLC Agenda Item 8 Page 13 Item#8 South Lynnhaven, LLC [Applicant & Property Owner] Modification of Conditions 877 S. Lynnhaven Road May 12, 2021 RECOMMENDED FOR APPROVAL-HEARD Mr.Weiner: Thank you, Alright, go to item number eight. Madam Clerk: Item number eight is South Lynnhaven. LLC, an application for a Modification of Conditions on property located at 877 South Lynnhaven Road in the Rose Hall District. Mr.Weiner: Good afternoon, please state your name for the record. Mr.Wood: Chris Wood, I represent the owner. I'm one of the owners of the property. Thank you all for taking the time. May I proceed? Mr.Weiner: Yes sir. Mr.Wood: This property is very small. It was, as you know, I think in closed session that the street was closed in 1984. For some reason, I don't know why but they left a couple of the easements over top of them. One of the easements is for emergency vehicles, which I've never seen that on a property before. But that was on there. What we would like to do is remove the easements so we can slide the building to the left; we have spoken to the adjacent neighbor. I know she had some concerns about it and I feel like we've got a pretty good relationship with her. I've known her for a long time. And we will certainly continue to work with her. I don't know if she's here today. To make sure what we would like to do by closing that easement is slide the building all the way to the South that will allow us not to have a bunch of setbacks and block her building at all. And it's really about as simple as that. I know there was a concern in closed session about not having an elevation of the building. You know,this is a very small building probably less than 3000 feet.You know, I don't think it would be proffered anyway. So I'm not sure if there's any benefit to seeing what the building will look like. But certainly, it'll be a high quality building. We have been discussing with various professional users like doctors and dentist, and insurance agents and that type of thing. So that's really about it. It's pretty simple. Mr.Weiner: I'll start off on this one, because I was pretty much the one that said, and I had no idea who the owner was. But we've never approved anything without seeing elevation. If we had one today that we just said that we needed more information, 1 please go we defer it.They're going to go put things together, they're going to show us what the lots going to look like, you know,the pavement,elevations. I'm just not comfortable approving anything without seeing the elevation. I've been doing it for years now and we've never done that in years. Mr.Wood: I don't have a problem giving you a sketch, I guess, we wouldn't want to be proffered in any way. Mr.Weiner: Sure. Mr.Wood: When you recommend when you suggest that would be proffered? Mr.Weiner: No, no, no, I just wanted to see what's gonna go there. I mean, I don't, granted, it's gonna go to City Council and they're going to make the final decision, but we don't really, I don't feel comfortable sending this to City Council to say yes, we're gonna do this. It's gonna be a, maybe there's a building there. We don't know what's gonna be there. But I just don't feel comfortable sending that to City Council unless I know what I'm sending the City Council. Mr.Wood: We'd be happy to do that. It's going to be very difficult because this site is so small to come up with something that's real and I wouldn't want to mislead anybody by saying this is what it's going to be. When it's going to be slightly, likely going to be different than what you know, before we get through the site plan process, but I'm happy to do that, and we can defer for 30 days if you want but if it's not gonna be proffered, I'm not sure the point. Ms. Oliver: I don't have a problem with this. It's a road that's been closed for quite some time and he said he's sliding the building over. I think I don't have a problem with this. Mr.Wood: And there is no reason for easements, I mean easements, I don't mean to interrupt, there's no reason for these easements anyway. They're old and not being used and we certainly will work with the utilities department. Mr.Weiner: And I agree with Ms. Oliver. I mean, yes, the building has been there for since before I was in high school. It's been there that median has been there. So I have no problem with that, but I mean, what do y'all think? Do you all want to move forward? I won't stop it. Mr.Wall: Well, one thing, how long have you owned the property? Mr.Wood: Five to seven years, something like that. Mr.Wall: And but you purchased it knowing that there was that easement on the property. 2 Mr.Wood: I can't recall honestly, you know, is a scrap piece of property. We bought it from Mr. Mastracco who obviously owned a lot of property around there. But yeah, I'm sure we did know there was an easement there. Mr.Wall: And that's so your intent is to develop with some kind of a commercial, small business, you know, on the property. Parking would be achieved on parking access? Mr.Wood: All that, yes, sir. We'll be through the site plan approval, no short term rental, I promise you that. But no, it would be all through. It would be all through the site plan process as far as the parking and the layout and the utilities and all that. Mr.Weiner: Whitney. Mr. Graham: Thank you. So just so I'm clear, the idea here is to basically clean the site up as far as these easements and then to go out and find a doctor or dentist or some sort of professional user, then do a build to suit or scrape the building or sell the property, okay. Mr.Wood: Yes, sir. We would, once we get this cleaned up, we can move forward on a conceptual site plan and try to find a user. Mr. Graham: Okay.All right. Mr.Weiner: Any more questions. Any other questions? Oh I am sorry. Mr. Coston: Is anything on the building, I mean on the property right now? Mr.Wood: No, sir. There's no, there is grass, just grass and a tree. I don't think that the picture on the left is actually I think that's just off of the property. I could be wrong on that, but it's just basically a grass field. Mr.Coston: Probably will support, I think that we can trust staff to make sure what gets built there conforms to the regulations. Mr.Weiner: And also, just being consistent what we've done in the last eight years I've been doing this but if you all feel like we're comfortable with it, I will be comfortable with it, Jack,you have something to add? Mr.Wall: What utilities do run under through that easement? Mr.Wood: I can't answer that with certainty. I think I believe that there is a, I can't answer that with certainty. I'm not sure about this, I know there's, I think there's the, I think there 3 is a water line. I don't think there is sewer. Sewer is down the street and I'm not exactly sure what's under there. Mr.Wall: Mr. Morrison, can you, do you have any understanding on the utilities? Mr.Wood: I know Dominion is overhead there. So I noticed that. Mr.Wall: Give me one second. I'm sorry. Oh, the sewer is no longer in service?What about the waterline? What size is that water line? Mr.Wood: There's a condition to relocate. So we would have to. Mr.Wall: It is conditioned to have to move it, the condition. Okay. I don't think that paved area is in the, it is a little misleading that paved area is not part of this application. I think it's all grass turf areas within the easement. They closed say what is, I'm just curious with the green, the green box. That's closed portion of South Lynnhaven Road which is the paved area and is that still public right of way or is that owned by who owns them, the green area? Mr. Morrison: The green areas owned by the same person has parcel A with Woodard Realty, so when it was closed that half was given, was not given, was portioned to Woodard Realty and the other half was a portion to the applicant's parcel at the time. Mr.Wall: And they closed it but they maintain the easement because of those utilities probably on there, okay. Mr.Weiner: Any other questions? Any more questions? All right. Thank you, sir. Mr.Wood: Thank you, sir. Mr.Weiner: We have no more speakers. No speakers. Open it for discussion or motion. Ms. Oliver: I'm gonna make a motion. Mr.Weiner: Okay. Ms. Oliver: To approve it. Mr.Weiner: We have a motion for approval. We have a second? Mr.Coston: Second. 4 Mr.Weiner: Motion for approval by Ms. Oliver and second by Mr. Coston. We have Mr. Redmond hand up. Mr. Redmond: Mr. Chairman to clarify, I am abstaining from this application. The one of Mr. Wood's partners is a colleague, a work colleague of mine who I am partners with on other projects, I don't have anything to do with this but it probably best that I abstain from this and in fact abstain from the shortcoming, the shortly to be considered short term rental applications on there. Yeah, I know, but I am gonna leave as my point. Mr.Weiner: All right, we are ready to vote. Madam Clerk: Okay, Mr.Alcaraz? Mr.Alcaraz: Aye. Madam Clerk: Mr. Barnes is absent. Mr. Coston? Mr. Coston: Aye. Madam Clerk: Mr. Graham? Mr. Graham: Aye. Madam Clerk: Mr. Horsley is absent. Mr. Inman is absent. Ms. Klein? Ms. Klein: Aye. Madam Clerk: Ms. Oliver? Ms. Oliver: Aye. Madam Clerk: Mr. Redmond is abstaining. Vice Chair Wall? Mr.Wall: Aye. Madam Clerk: Chairman Wiener? Mr.Weiner: Aye. Madam Clerk: By recorded vote of seven in favor zero against with one abstention. Agenda item number eight has been recommended for approval. 5 AYE 7 NAY 0 ABS 1 ABSENT 3 Alcaraz AYE Barnes ABSENT Coston AYE Graham AYE Horsley ABSENT Inman ABSENT Klein AYE Oliver AYE Redmond ABSTAIN Wall AYE Weiner AYE CONDITIONS: 1. As to the applicant's property, the conditions attached to the Street Closure granted on August 13, 1984 and extended on May 20, 1985 are hereby deleted. 2. As to the applicant's property, a Deed of Partial Vacation to vacate the variable with public utility and emergency vehicle access easements shall be recorded with City of Virginia Beach Clerk of Circuit Court within 365 days from the date of City Council action. The Deed of Partial Vacation shall be subject to the approval of the City Attorney's Office. 3. All City public utility infrastructure within the easement area to be vacated shall be relocated or abandoned as determined and approved by the Department of Public Utilities. 1984 Street Closure Conditions The original Street Closure was approved by City Council on August 13, 1984, with an extension of time and final approval on May 20, 1985. The conditions were as follows: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right of way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the 6 issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 7 James H. Morrison From: Woodardlic <woodardllc@aol.com> Sent: Wednesday, May 5.2021 10:15 AM To: James H.Morrison Cc: Hoa N.Dao; Nicole Garrido Subject: Re:Notice Rec'd for 877 S. Lynnhaven Road CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning.Mr_Morrison. Thank you for your quick response.It is going to take me some time to find our paperwork on that street closure. I know it was my father and I believe the previous owner.Vincent Mastracco.Sr.who petitioned the City for the street closure.Our portion has been included in our assessment so we have been paying taxes on our part as well. Just how does this affect our portion of the closed street? This notice and lack of knowledge to their end game plan is not giving me enough time to research and look into how this will affect our property.I have tried to find copies of the proposed plans.etc.online.but can not find anything other than what is stated in the notice.So for now.I am against this proposal. I know the Wood family has tried for years to do something with this tiny parcel,but 1 have to consider the impact to my property. Mary Joan Woodard Principal Broker/Business Manager Woodard Realty LLC r�t Woodard Maftaw-mod Inr. 2464 E. Little Creek Road Norfolk.VA 23518 757.583-4391 Telephone p. 4 !b , 5 City of Virgiriia Beach ,o rr OF OUR NA(IU� DEPARTMENT OF PLANNING MUNICIPAL CENTER OPERATIONS BUILDING, ROOM 115 VIRGINIA BEACH, VIRGINIA 23456-9002 2405 COURTHOUSE DRIVE (8041 427-4621 July16, 1984 To: Honorable City Council From: City Planning Commission Reference: Application 1/4991 Application of John J. Woodard for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road beginning at the Northern boundary of Ole Towne Lane, running a distance of 300 feet along the Western property line, running a distance of 57 feet more or less along the Northern property line, running a distance of 307.73 feet along the Eastern property line and running a distance of 110 feet along the Southern property line. Said parcel contains 23,470 square feet more or less. PRINCESS ANNE BOROUGH. Planning Commission Recommendation: A motion for approval was lost by a recorded vote of 4 for the motion and 5 against. Application was denied. Very truly yours, Albert W. Balko Chairman AWB:sp CRANED CITY COUNCIL ACTION: 'AUG t 3 19g4 The following conditions shall be required: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council . John J. Woodard Application #4991 Page Two EXTENSION OF TIME AND FINAL APPROVAL: G i W MAY 2 0 1985 - 11 - Item II-H.3 PLANNING ITEM II 22332 Attorney Grover Wright represented the applicant Robert Engesser spoke but not concerning the application. Upon motion by Vice Mayor McClanan, seconded by Councilman Jennings, City Council APPROVED, subject to final approval in 180 days, an Ordinance, closing, vacating and discontinuing a portion of South Lynnhaven Road, in the petition of JOHN J. WOODARD. Ordinance upon application of John J. Woodard for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road beginning at the northern boundary of Old Towne Lane, running a distance of 300 feet along the western property line, running a distance of 57 feet more or less along the northern property line, running a distance of 307.73 feet along the eastern property line and running a distance of 110 feet along the southern property line. Said parcel contains 23,470 square feet more or less. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. An easement reserved to the City for installation and maintenance of public utilities. 2. An easement reserved for access of emergency vehicles. 3. The closure of this right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf Council Members Voting Nay: None Council Members Absent: None August 13, 1984 - lla - CITY OF VIRGINIA BEACH, VIRGINIA TO (ORDINANCE OF VACATION JOHN J. WOODARD, et al. , PROSPERITY ENTERPRISES, et al. AN ORDINANCE VACATING AND DISCONTINUING A PORTION OF SOUTH LYNNHAVEN ROAD, IN PRINCESS ANNE BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, proper notice of the intended application of the applicant, John J. Woodard, to be presented to the City Council of the City of Virginia Beach, Virginia, on the day of , 1984, for the vacation of the hereinafter described public street in the City of Virginia Beach, Virginia, was on the 30th day of March , 1984, and on the 8th day of April , 1984, duly published twice with six days elapsing between the two publications in a newspaper published or having general circulation in the City of Virginia Beach, Virginia, specifying the time and place of hearing at which affected persons might appear and present their views, in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the institution of proceedings for the vacation of a public street; and WHEREAS, said application was made to the City Council of the City of Virginia Beach, Virginia, on the icth day of March , 1984, and in conformity with the manner prescribed by Code of Virginia, Section 15.1-364, for the conduct of such proceedings, the City Council of the City of Virginia Beach, Virginia, on the 21st day of May I GROVER C. WRIGHT.JR. ATTONNHY AND COCNISI:LIAM AT LAW.P.C. NE IT.140.f LICACti TOWNSit U.:14.0411U VINOINLA OCAC1i.VINOINIA 0114158 August 13, 1984 - llb - 1984, appointed Robert J. Scott r naarid a arcc1^m^1 and C. Oral Lambert , as viewers to view such street and report in writing whether in their opinion any, and if any, what inconvenience would result from discontinuing the same, and said viewers have made such report to the City Council of the City of Virginia Beach, Virginia; and WHEREAS, from such report and other evidence, and after notice to the land proprietors affected thereby, along the street proposed to be vacated, it is the judgment of the City Council of the City of Virginia Beach, Virginia, that these proceedings have been instituted, conducted and concluded in the manner prescribed by Code of Virginia, Section 15.1-364, that no inconvenience would result from vacating and discontinuing the portion of said street, and that the portion of said street should be vacated and discontinued; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: 1. That the following portion of South Lynnhaven Road in the Borough of Princess Anne, in the City of Virginia Beach, Virginia, be and the same is hereby vacated and discontinued: All that certain piece or parcel of land, situate, lying and being in the City of Virginia Beach, State of Virginia, being that part of South Lynnhaven Road marked by diagonal lines and designated "TO BE CLOSED Existing South Lynnhaven Road" as shown on the plat attached hereto entitled "Plat of Portion of South Lynnhaven Road to be Closed, Princess Anne Borough, Virginia Beach, Virginia", made by James C. Hickman, Land Surveyor, dated October 31, 1963. August 13, 1984 - lic - 2. A certified copy of this ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the City of Virginia Beach, Virginia, as grantor, and in the name of John J. Woodard and Prosperity Enterprises, as grantees, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, at the expense of the applicant. 3. This ordinance shall be effective thirty (30) days from the date of its adoption. Certified to be a true and exact copy of an ordinance adopted by the City Council of the City of Virginia Beach, Virginia, at its regular meeting held on the day of , 1984. TESTE: RUTH SMITH, CITY CLERK By City Clerk August 13, 1984 37. A. Description Application of John J. Woodard for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road beginning at the Northern boundary of Ole Towne Lane, running a distance of 300 feet along the Western property line, running a distance of 57 feet more or less along the Northern property line, running a distance of 307.73 feet along the Eastern property line and running a distance of 110 feet along the Southern property line. Said parcel contains 23,470 square feet more or less. PRINCESS ANNE BOROUGH. B. Administrative Comments Application for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road located directly north of Old Towne Lane. The area proposed for closure contains 23,470 square feet ( .539 acre) and is an improved 90 foot right-of-way. Surrounding zoning is B-2 Community Business District. Land use in the area is a mixture of retail and commercial uses. A street closure for a portion of South Lynnhaven Road to the south of this site was granted on June 21, 1976. This closure was only for surplus right-of-way and resulted in this portion of South Lynnhaven Road being reduced to a standard 50 foot right-of-way for a turnaround. This right-of-way is improved with a two lane pavement section marked for one way southbound traffic only and includes curb, gutter and sidewalk on the west side. A 12 inch water line and an 8 inch sewer force main are located within the area proposed for closure. The Fire Department indicates that closure of this street would eliminate necessary access for emergency vehicles responding to this area. It is the opinion of the viewers that closure of this street would result in public inconvenience since: 1. The street currently provides public access for residents and businesses in the surrounding area. 2. Closure of the street would eliminate necessary emergency access to this area and would make general circulation more difficult. C. Evaluation Based on the findings of the Viewers, recommend this item be denied. 89. N 78°22'14`E \ p a�i \ X'i( CL \ 2 • ►V v - ` Q. Z� \�, k��. �F 2 Q \ � °i w `r S v t \ P e IO.R � :'\ IOAR , `• ��� • IIA.00 ' , I� S78°22.I4"W • R.750 OLD TOWNE LANE ( 50') R/W TO BE CLOSED \',.. PLAT OF PORTION of SOUTH LYNNHAVEN ROAD TO BE CLOSED PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA SCALE' I"i 50' DATE I OCTOBER 31, 1983 JAMES C. HICKMAN LAND SURVEYOR 5615 PROVIDENCE ROAD VIRGINIA REACH,VA 21464 FB Po PLAT RECORDED IN N.B. Pp CITY OF VIRGINIA BEACH, VIRGINIA APPLICATION FOR STREET CLOSURE Application No. 1 vl R Applicant: John J. Woodard Date: March 15, 1984 Address: c/o Grover Wright, Atty. Fee: Street Closure $100.00 Telephone: 428-27'41 A representative of the applicant must be present at the Public Hearing to apprise the Commission of complete information concerning his request. A survey is required to accompany all applications for street closures which shall be prepared by a surveyor, engineer, or other person duly authorized the State to practice such, which shall become a part of the permanent record and is not returnable. Request for: Closure of Portion of South Lynnhaven Road Reason for Proposed Closure: To relocate street Description of Property: See attached plat Borough: Princess Anne I HEREBY CERTIFY that it is nay intention to have the following street(s) closed: Portion of South Lynnhaven Road Does an official or an employee of the City of Virginia Beach have an interest in the subject land? Yes No X If the answer is yes, name the official or the employee and nature of interest. Date: March 15. 1984 Signed: J JA on Wooar i; Act of Commission: Granted D n e d ied Date 7/11-� tl' Action of Council : Granted Y Deni d 0 Modified Date Posted to map by: Date Sheet Forwarded to City Assessor FO M 1:0.P.S.1 645 Cs t City of Virginia Beach INTER-OFFICE CORRESPONDENCE PATE: June 26, 1984 TO: See Distribution List DEPARTMENT: FROM: Robert J. Scott U� DEPARTMENT: planning SUBJECT: Report of Viewers - Closure of Portions of Lee Street and Old Country Road, South Lynnhaven Road, Ego Drive, and Rouse Drive Lee Street and Old Country Road Application for the discontinuance, closure and abandonment of portions of Lee Street and Old Country Road. The area proposed for closure consists of .53 acres and is located within the block bounded on the north by 22nd Street, on the south by 21st, on the east by Cypress Avenue and on the west by Parks Ave. Surrounding zoning consists of C-1 Arts and Conference District and B-4 Resort Commercial District. Land use in the area is a mixture of resort commer- cial uses to the north and south and single family residential to the west. Portions of this right-of-way are improved with a two lane asphalt roadway. A two (2) inch water line exists in Lee Street. City Council has denied previous requests to close these streets on March 14, 1977 and October 18, 1971. It is the opinion of the viewers that public inconvenience would result from the closure of these streets since there is a possibility for future public use as parking and/or improvements to circulation in this area. South Lynnhaven Road Application for the discontinuance, closure and abandonment of a portion of South Lynnhaven Road located directly north of Old Towne Lane. The area proposed for closure contains 23,470 square feet (.539 acres) and is an improved 90 foot right-of-way. Surrounding zoning is B-2 Community Business District. Land use in the area is a mixture of retail and commercial uses. A street closure for a portion of South Lynnhaven Road to the south of this site was granted on June 21, 1976. This closure was only for surplus right-of- way and resulted in this portion of South Lynnhaven Road being reduced to a standard 50 foot right-of-way with a turn around. Distribution List Memo June 26, 1984 Page Two This right-of-way is improved with a two lane pavement section marked for one way south bound traffic only and includes curb, gutter and sidewalk on the west side. A 12 inch water line and an 8 inch sewer force main are within the area proposed for closure. The Fire Department indicates that closure of this street would eliminate necessary access for emergency vehicles responding to this area. It is the opinion of the viewers that closure of this street would result in public inconvenience since: 1. The street currently provides public access for residents and busi- nesses in the surrounding area. 2. Closure of the street would eliminate necessary emergency access to this area and would make general circulation more difficult. Ego Drive Application for the discontinuance, closure and abandonment of a portion of Ego Drive located east of Matt Lane. The area proposed for closure is a 50 foot unimproved right-of-way that contains 3358.30 square feet (.077 acres) . Surrounding zoning consists of R-6 Residential District and B-2 Community Business District. Land Use within the area is single family and duplex resi- dences with commercial development located to the east along First Colonial Road. There are no water and sewer lines located within the area proposed for closure. It is the opinion of the viewers that closure of this street will not result in public inconvenience subject to the following conditions: 1. Resubdivision of the property to incorporate the closed area into adjoining parcels and to avoid the creation of a conforming lot. 2. Dedication of a 20 foot drainage easement on the centerline of the existing 50 foot right-of-way. 3. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions with 180 days of the approval by City Council. Rouse Drive Application for the discontinuance, closure and abandonment of a portion of Rouse Drive located east of Grayson Road. The area proposed for closure is a 30 foot wide improved right-of-way totaling 9,016 square feet (.207 acres). It should be noted, however, that it is the intent of the applicant to basic- ally relocate Rouse Drive since he also intends to dedicate to the City a parcel of property 42.45 feet to the south of equal size for the continuance of Rouse Drive. Distribution List Memo June 26, 1984 Page Three Adjacent zoning consists of 0-1 Office District. Land Use within the area is a mixture of office building and single family residences. There are no city water or sewer lines in the area proposed for closure. However, there are VEPCO lines and poles which would have to be relocated at the applicant's expense. It is the opinion of the viewers that closure of this portion of Rouse Drive will not result in public inconvenience subject to the following conditions: 1. Dedication of a standard 50 foot right-of-way to the south for the relocation of Rouse Drive. 2. Provision of a bond to cover the cost of right-of-way improvements, as required by City staff, for the relocated Rouse Drive. 3. Resubdivision of the property to incorporate the closed portion into adjacent parcels to avoid the creation of any nonconforming lots. 4. The closure of this right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of the approval by City Council RJS/DCS/dca Distribution List Thomas H. Muehlenbeck David M. Grochmal C. Oral Lambert J. Dale Bimson Aubrey V. Watts, Jr. William L. Rice � vAG2?vav, �,\ �,,Z a �° o Q� � � �� B2 _ �20il lla0o� , \ B2 ,c+t4_ :� oOaq'i\ R5D 40\ __ �� s - e B'2 \ � � a T��,C 1 o Q -a� -, � �' �O Al 2 °- --6-?4--i �2 . — r I B=2 ~� p B'2 i -..an Al B-2 - =ana Bo�UI0 - - __ evard\b, -;11 i R5D • / o % AG 'i ' o o `AG2co \" 4o /y--5-v:44- \_.----''-:--1-er Y - \ ' e- ------_________ CP0!! ' co\ ,�' ,:'° \\ AG2 �L o � �a co B2 mo r. i � 5 b ,o° 'arna *Il �/� � sO, A R5D . P1 //- -01,G ----- --- '6 ' c2\ 04, ----- a / / c — floR5D 0 R5D 951-___-7--- a N ��� Site Thin Brew Line Brewing Company W ih 1375 Oceana Boulevard Property Polygons s in Zoning Building - Feet 0 65130 260 390 520 650 780 , r,..;,,,,ii.,,4„..,,, \ io,-,,.. .•,...,.„, f, ci, ,u �S) t. ., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: THIN BREW LINE BREWING COMPANY [Applicant] OCEANA CROSSINGS, LLC [Property Owner] Modification of Conditions to a Conditional Use Permit (Craft Brewery & Open-Air Market) for the property located at 1375 Oceana Boulevard (GPIN 2415489273). COUNCIL DISTRICT — BEACH MEETING DATE: July 13, 2021 • Background: This is a request for a Modification of Conditions to expand the brewery into an adjacent 1 ,600 square foot unit. On December 22, 2018, City Council approved Conditional Use Permits for a Craft Brewery and an Open-Air Market for a food truck. No changes to the exterior of the building or signage are proposed. • Considerations: In Staffs view and the Planning Commission concurred, the proposal to expand the business into the neighboring unit is in keeping with the policies and goals set forth in the Comprehensive Plan for the Suburban area, as it is compatible with the other commercial businesses located in the vicinity and within the shopping center. The brewery and open-air market (food truck) has operated within this shopping center without incident since 2019. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. One letter of opposition was received about the request stating concerns with traffic and overall opposition to breweries. There were no speakers in attendance at the hearing, other than the applicant. • Recommendation: On June 9, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 7-0. 1 . All conditions attached to the Conditional Use Permit for the Craft Brewery & Open-Air Market dated December 12, 2018, shall remain in effect. Conditional Use Permit (Craft Brewery) 2. With the exception of any modifications required by any of these conditions or by any City regulations, the units shall be configured in conformance with the submitted layout plan shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. Thin Brew Line Brewing Company Page 2 of 2 3. An occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 4. A Certificate of Occupancy shall be obtained prior to operation of Craft Brewery. 5. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 6. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 7. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 8. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. Conditional Use Permit (Open-Air Market) 9. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck, which shall be located in substantial conformances with the submitted layout plan, shown on page 8 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department and Community Development. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter of Opposition (1) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department '-e--i City Manager: , )1"‘) Applicant Thin Brew Line Brewing Company Agenda Item Property Owner Oceana Crossings, LLC 1 ,---)B Planning Commission Public Hearing June 9, 2021 7 City Council Election District Beach Virginia Beach Request Modification of Conditions (Craft Brewery& Open-Air Market) a Staff Recommendation Approval • 0 Staff Planner i a Marchelle Coleman � k tusk e� 1 Location Q`° 1375 Oceana Boulevard �� Iii r' G P I N WOOd� aead°9 oa Lane y a 2415489273 \ ak„ra Lane ,L 1- Site Size Eaglewood Drove Snowbird Lane 4.10 acres Teach One AICUZ /� Greater than 75 dB DNL Watershed Darn Neck Road _ _ r Southern Rivers Existing Land Use and Zoning District c0-.' Retail/ B-2 Community Business ,�� , Surrounding Land Uses and Zoning Districts - North k "" „ �� Mini-warehouse/ B-2 Community Business . y r { South ?.� k Duplexes, church, woods/AG-2 Agricultural fi East •' '�, - ` $. - Oceana Boulevard, Eaglewood Drive . ¢ if.f = - Vacant lot,woods/B-2 Community Business t West Flicker Way Duplexes, woods/ R-5D Residential, AG-2 Agriculture '' Thin Brew Line Brewing Company Agenda Item 7 Page 1 Background & Summary of Proposal • On December 12, 2018, City Council granted Conditional Use Permits for a Craft Brewery and an Open-Air Market in this shopping center along Oceana Boulevard zoned Conditional B-2 Community Business District.The Conditional Use Permit for the Craft Brewery was specific to Unit 124 and the Open-Air Market was permitted to allow a food truck within the parking lot of the shopping center. • The applicant is seeking to expand the brewery into the adjacent unit, Unit 122.The expansion of the business will allow for an additional 1,600 square feet to accommodate customers and staff. • No changes to the exterior of the building or signage is proposed. The hours of operation will remain the same and are typically between 12:00 p.m.to 9:00 p.m.,Sunday through Thursday and 12:00 p.m.to 11:00 p.m., Friday through Saturday. Zoning History (' ` # Request \\`- per. ��°� 4„ 1 CUP(Craft Brewery&Open Air Market)Approved �- .e --- 12/12/2018 �/ °a MOD Approved 01/12/2010 \ \--' MOD Approved 04/08/2008 8.5 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 �� CUP(Gasoline Sales in Conjunction with a Convenience ��� — Store)Approved 05/09/2006 2 CRZ AG-2 to Conditional( B 2)Approved 05/09/2006 *# CUP(Gasoline Sales in Conjunction with a Convenience % 4 Store)Approved 05/09/2006 • '*� le. 3 CRZ(AG-2 to Conditional B-2)Approved 05/09/2006 "°' 4 CRZ(AG-2 to Conditional B-2)Approved 07/06/2004 • CUP(Motor Vehicles Sales&Rentals)Approved .:. 07/06/2004 5 CRZ(R-5D to Conditional B-2)Approved 08/26/2003 CUP(Mini-Warehouse)Approved 08/26/2003 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—SubdivisionVariance Evaluation & Recommendation The proposed Modification of Conditions for both the Craft Brewery and Open-Air Market, in Staff's opinion,are acceptable.The expansion of the business into the neighboring unit is in keeping with the policies and goals set forth in the Comprehensive Plan and its guiding principles of supporting and sustaining"Great Neighborhoods"with complementary non-residential uses. Consistent with the existing approved conditions, no live music is permitted on the outdoor patio area to ensure no disruption to the nearby residential uses. The brewery and food truck have operated without incident since 2019 and are compatible with other commercial businesses located in the vicinity and within the shopping center. It is anticipated that the expansion of this business will not have any negative impacts on the adjacent properties. Traffic Engineering reviewed and commented that the proposed expansion of this Craft Brewery and Open-Air Market is a normal shopping center commercial use and there will be no significant traffic impact with the expansion of this use in the existing strip shopping center Thin Brew Line Brewing Company Agenda Item 7 Page 2 Based on these considerations,Staff recommends approval of the application,subject to the conditions below. Recommended Conditions 1. All conditions attached to the Conditional Use Permit for the Craft Brewery&Open-Air Market dated December 12, 2018,shall remain in effect. Conditional Use Permit(Craft Brewery) 2. With the exception of any modifications required by any of these conditions or by any City regulations,the units shall be configured in conformance with the submitted layout plan shown on page 5 of this report.Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. An occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 4. A Certificate of Occupancy shall be obtained prior to operation of Craft Brewery. 5. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 6. All signage onsite shall meet the requirements of the City Zoning Ordinance.There shall be no neon or electronic display signs,or accents installed on any wall area of the exterior of the building, in, or on the windows,or on the doors.A separate sign permit from the Planning Department shall be required for the installation of any signage. 7. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 8. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. Conditional Use Permit(Open-Air Market) 9. Unless otherwise authorized by the Zoning Ordinance,the Open-Air Market shall be limited to one food truck,which shall be located in substantial conformances with the submitted layout plan,shown on page 8 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Thin Brew Line Brewing Company Agenda Item 7 Page 3 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural & Cultural Resources Impacts The site is located within the Southern Rivers watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Eaglewood Drive No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use 2—0 ADT Oceana Boulevard 28,700 ADT' 35,700 ADT 1(LOS°"D") Proposed Land Use 3—No Data Available 'Average Daily Trips 2 as defined by a vacant 1,600 3 No information available in the 4 LOS=Level of Service square foot unit on a ITE Trip Generation Manual for a commercial B-2 property Craft Brewery Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Eaglewood Drive, in the vicinity of this application, is considered a two-lane undivided urban collector. The existing infrastructure currently resides in a 60-foot variable width right-of-way and it is not designated on the MTP. There are presently no roadway CIP projects slated for this segment of Eaglewood Drive. Oceana Boulevard, in the vicinity of this application, is considered a four-lane divided minor urban arterial. The existing infrastructure currently resides within a variable width right-of-way. The MTP proposes a four-lane facility within a 145 foot right-of-way. There are presently no roadway CIP projects funded for this segment of Oceana Boulevard. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. Public Utility Impacts Water&Sewer The site currently connects to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. Thin Brew Line Brewing Company Agenda Item 7 Page 4 • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4,2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28, 2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/citv-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9,2021. Thin Brew Line Brewing Company Agenda Item 7 Page 5 Site Layout ,,"1"9- 0 ) , N -1.,1 _ ... „1,,,..... 1.,_. , , el el ' •44110t ,fII =II/ E f// ef / �/ to co, �� ` ' '� ) \ t fie'''. ` �l�e el' - \ _. ....,Joevlo, of . 0�19 \\\ �� } „pp ...." ,6 -01" ,0,..„-,,,i, N.leria ,... /„„, ...., III/ , , ., �. \0 ; "1 %* 1)?11 los tullo ' .V;14 ' t -4..\ ' i � s Thin Brew Line Brewing Company Agenda Item 7 Page 6 Proposed Unit Expansion I100 sq ft iQvc . 7,013 sq it . 87' Vacant 16.1' 1,400 sq ft Vacant 25' 2,075 sq ft 83' Vacant 27' 2,241 sq ft Vacant 2.075sgft 25' Building` ' 80' B (Back Building) Vacant 20' 18,154 sq ft 1,600 sq ft Expansion N 64"36'00" E 1,650 sq ft � 20' 688,30' 1 Thin Brew Line Brewing Company Agenda Item 7 Page 7 Proposed Floor Plan 8 Total Interior unit len 1th•left. rew e..wa .3: in 7 _ c•, • • N' Double=Ilai2D Doom(70'.e2'1 Double attains 7 aarae.� Doors pD'xe Q le`uT) • � Q V 1 9 • 4 i ,a • , it • .1' F ADA a 5 Q Receroow i ■ • • • • 3 (bsxs') •mlimmilemim IN IN n • . _ ADA Retmoorn 2 (es x e•) • e'xe'Orantaa0 dco+ / CAD er} toot endows outdoor t+auo aria i Key T.., t.,Nr - INIBIO MOW _ Key Additions 1. Removal of non-load bearing partition wall that separates the current brewing area in the back and the new brewing area in the addition to make one large brewing space. 2. Cut a 70"x82" access way to the new addition for double sliding barn doors to be added on the new side. 3. Addition of non-ADA bathroom. 4. Addition of non-ADA bathroom. 5. Remaining partition space between the front and back will have another 70x82" access way to for double sliding barn doors to be added on the back side. 6. Floor trench drain laid in the new foundation. 7. Hand sink to come off of existing water/drainage lines, as well as lines ran to 3 Compartment Sink. 8. Electrical outlets in ceiling ran for hanging lights. One quad-outlet up high on North wall for multiple TV setup. Two quad-outlets up high behind bar for TVs. Electrical runs for all wall sconces. 9. Matching LED lighting installed in the new brewing area with (2) 50A feeder circuits for brewing system power. Thin Brew Line Brewing Company Agenda Item 7 Page 8 Food Truck Location 30ck of J•lit WidtR•-20 foot IrdiM I t I 1 n° 2 a € ie = 410111 ..�. . ENCLOSED ii OUTDOOR Et Ee PATIO • II II `^ E C ir. i k TASTING I ROOM £ •2 4 III a • • f i E s a s k- _, I . 4. , liv 4, I I i FOOD TRUCK _._., • From of Un4 V+1gln z 23 tee: PARKING Thin Brew Line Brewing Company Agenda Item 7 Page 9 Site Photos , \ r •_. . .. , . __, .._..., . ,.;,• ..4-iii.: 4-..- Ellr.,1.v. _MIN III kra till' - -. .- .. . - • • ' - •,:., . . ' i: .. I. ' - . .,. .,_. , . 4-,. , se . - - I - 11,1601 ' " 111.I,.7 I' ,.. -5 ' . , ROI f - V f..- ,.`"*- ,. • t..1...,,A , ..---...., . - .,,:-.• s 1 ,t-, ',L**-....* or,-. ..-- 4•?-4,.'-.--..L,o]iy, i=;" 6,-,41, • _ . „...„• .„, ,4• ,,,,- .- , „.• , _. ,.... ..........,,• ,., . ,t,,. ..,.....,,.... .., , ..._,....4:,....,..:,..,,, ..-, .., . , ...pt. . „...... iillaNaircerin — .1 :‘,."1 •: . i . .,.... .1,47,4r .r.,,-!, • .14 a_ PRIF4Fi,*-14:,''77;711,,: ii!E; hZ)rW. ' itkf'l 4 44 ,.: _yip-. - '\ iiiiiiikfici. _-,-Ti. ,,g,i7,..-:i;.:4,...,:,..-: i...',•--;::_,,,A,... 1 1 if... f,:;,e,.-...,,,..49rf,::.., ,4.:,14.„. , ..,...,.., 4...,.;b....... t I I''':°...''''.1,5',1:1H''' ..11.- '' . '. '''••11.44-114- -.*'";.f'-:--c.4.`-''' 4;•'..'..:'....4;',:‘:. .• 1 IF il*:ritiiR,1 ' ''' .4:s..'4. 1 I i-C,-.7-*:*, . ---:- .':-.,. -_ ;-"•,,,,,,-, ,.,• ',-: - : „ •- -:. •:',441.irtiV - .....,'. -.' '"'•-• ... ' ..11.1 • . ..• .- .-",',!''''-'4'.: - 'i lit .- - - '°. . Ir. rt--k- ..'•-. •r - lift_14i .0,7.•"t- -1.-*.^•-•.• ..-,.`.. -/, -• :.. .• .- ' -::'I -.'"''-1-- ......,C, • 0. t:- -'s ' -..i.. . -:-.. .'Y•'- •,- — .f,,,,•, :11 .7. 4-47''' 0' ..., • rt.l.b,..: '•, . •. ..., • Irtt.i:-- - , . , , .. ‘ •411,', , -. 424_ .. . . .... - -t• ."..7111,1 , ' • - .. ,' ,,.3, — 1/4 'tit.': . . .. .-.. 1 . , Thin Brew Line Brewing Company Agenda Item 7 Page 10 Disclosure Statement Disclosure Statement Ciro ofV,vuom 1362.11 Planning&Community - Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Thin Brew Line Brewing Company Does the applicant have a representative? ❑Yes MI No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?I Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) LLC-Jason"Jay'Gates(95%),Michael Gates(5%) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant.(Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1i Thin Brew Line Brewing Company Agenda Item 7 Page 11 Disclosure Statement Disclosure Statement city of Virgrneo Bench Planning&Community _ Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes IN No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes ®No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject o` the application or any business operating or to be operated on the property?❑Yes II No • if yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated of the property?E Yes •No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes III No • If yes,identify the purchaser and purchaser's service providers. 2I Thin Brew Line Brewing Company Agenda Item 7 Page 12 Disclosure Statement Disclosure Statement VAJ Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes tE!YNNo • It yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes (WNo • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be L1 operated on the property?0 Yes No • If yes,Identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature ( y ES (oWt 1� oF--'TO it/ co) Print Name and Title 000 I Date Is the applicant also the owner of the subject property? ❑Yes t No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ® N•Changes a"o" cue 16/23/2021 signature �. "Name Marchelle L. Coleman Revised 11.09-2020 3 I g Thin Brew Line Brewing Company Agenda Item 7 Page 13 Disclosure Statement too, Disclosure Statement \AB City oftiogimo Hooch Planning&Community Development Owner Disclosure Owner Name Oceana Crossings,LLC Applicant Name Thin Brew Line Brewing Company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?U YeS 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Tim Costen(Manager) Jeal LLC • If yes,list the businesses that have a parent-subsidiary;or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes MI No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5) Thin Brew Line Brewing Company Agenda Item 7 Page 14 Disclosure Statement Disclosure Statement /1/3 City or l',m,,bead? Planning&Community • Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes No • If yes,identify the financial institutions providing the service. Southern Bank and Trust 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? CI Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes •No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes III No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Thin Brew Line Brewing Company Agenda Item 7 Page 15 Disclosure Statement Disclosure Statement IS3 41..4 Awe .,.. • _ Planning&Ctstrappity Development a. tf tt ihernet renter I,gei w' cmx in cwtrreitidn eel the subject of the egDhastfa+ar neat buunesr ssuerabug or to be operated an the ptopew ©Yes 61 NO !1 pm,Menu?,Vet firm and bCFh9dnd OroHdee it&the SurTtue, Owner SAnjaltrry teriry tMi a of Ow Iritornerean mnt tere4 he this Disdmurr Stateretel hem ncornplt*,true,and Kiwite, I unuerib nd that, into."soceip t od dlouticabor.that ttte Aviation has been scheduled he petit harem I am resPonebk let alidetine the lydeerr seem t,rwid.d Trer rin here Imes peer Ca the~kis of Plerthiht ConerhileAMOTYCocandt tfitek WA,W e-Iarsdc tsaerd or any pubik badly or ooeh.,,ett re M oerrtetetiett p+4 ipperailen. Omar*mown Prim Name end Atie ILwtt 7 ,. 021 Dew Thin Brew Line Brewing Company Agenda Item 7 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Thin Brew Line Brewing Company Agenda Item 7 Page 17 Item # 7 Thin Brew Line Brewing Company [Applicant] Oceana Crossings, LLC [Property Owner] Modification of Conditions (Craft Brewery & Open-Air Market) 1375 Oceana Boulevard June 9, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Thank you, Mr. Inman. The next item on the agenda is agenda item number seven. Thin Brew Line Brewing Company is the applicant. Oceana Crossing LLC is the property owner. They are requesting a Modification of Conditions for a Craft Brewery and Open-Air Market, located in the Beach District. Is there a representative for this item? Okay. Seeing none, is there any opposition for this item to be placed on the consent agenda? Okay, hearing none. We've asked Mr. Alcaraz to read this into the record. Mr.Alcaraz: Thank you. The applicant is requesting a Modification of Conditions from December 12th, 2018 City Council for a Conditional Use Permit for a Craft Brewery and Open- Air Market in the shopping center along Oceana Boulevard zoned Conditional B-2 Community Business district. The Conditional Use Permit for the Craft Brewery was specific to unit 124 and the Open-Air Market was permitted to allow a food truck within the parking lot of the shopping center. The applicant is seeking to expand the brewery to the adjacent unit, unit 122. The expansion of the business will allow for additional 1600 square feet to accommodate customers and staff. No changes to the exterior of the building or signage are proposed. The operational hours are still the same. All conditions attached to the Conditional Use Permit in 2018 shall remain in effect. And with the condition stated, as I just mentioned, everything's still in effect. The Planning Commission is recommended for consent agenda. Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permits for Short Term Rentals on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan &Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? 1 Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW Joint Venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25, 28, 31, 37, 38, and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. 2 AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the Conditional Use Permit for the Craft Brewery & Open-Air Market dated December 12, 2018, shall remain in effect. Conditional Use Permit (Craft Brewery) 2. With the exception of any modifications required by any of these conditions or by any City regulations, the units shall be configured in conformance with the submitted layout plan shown on page 5 of this report. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. An occupancy load for the Craft Brewery shall be established by the City of Virginia Beach Building Official's Office. 4. A Certificate of Occupancy shall be obtained prior to operation of Craft Brewery. 5. Any conditions associated with the license issued by the Virginia Alcoholic Beverage Control Board shall be incorporated as conditions with this Conditional Use Permit. 6. All signage onsite shall meet the requirements of the City Zoning Ordinance. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in, or on the windows, or on the doors. A separate sign permit from the Planning Department shall be required for the installation of any signage. 7. Hampton Roads Sanitation District approval shall be obtained prior to any discharge of sewage. 8. As per Section 230 of the Zoning Ordinance, live music will only be allowed inside the establishment when all the doors and windows are closed. No live music will be permitted on the outdoor patio area. 3 Conditional Use Permit (Open-Air Market) 9. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck, which shall be located in substantial conformances with the submitted layout plan, shown on page 8 of this report. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department and Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:Thin Brew Line Brewing Company-Modification of Conditions Application at 1375 Oceana Boulevard Date: Tuesday,May 25,2021 2:44:44 PM From: Barb Messner<barbm2008@gmail.com> Sent:Sunday, May 23, 2021 6:29 PM To: Marchelle L. Coleman <MColeman@vbgov.com> Cc:Taylor V.Adams<TAdams@vbgov.com>; Lyndon S. Remias<LRemias@vbgov.com>;James L. Wood<JLWood@vbgov.com>; Kayla Anulies<KAnulies@vbgov.com>; Sabrina D.Wooten <swooten@vbgov.com>; Louis R.Jones<Ijones@hollomon-brown.com>; Paul W. Neudigate <pneudigate@vbgov.com> Subject: Re:Thin Brew Line Brewing Company- Modification of Conditions Application at 1375 Oceana Boulevard CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. May 23, 2021 Robert Tajan, Planning Director Taylor Adams,VEDA Director and Deputy City Manager Patrick Duhaney, City Manager Lyndon Remias, City Auditor and related City Staff, re:Thin Brew Line Application for expansion. Michael &Jay Gates,owners re:Venture Realtor and other multiple conflicts and Public Safety/Traffic/Noise concerns Dear Mr.Tajan, Mr. Adams, Mr. Duhaney, Mr. Remias and related City employees/staff, I have addressed the lack of proper advanced signage for Change of Zoning, CUP, etc.The Oceana Crossing Shopping Center sat vacant for years,as it never should have been rezoned to allow a strip mall and/or Gas Station at that location.The number of DUI crashes over the past 7 plus years, is a direct result of overcrowded bars, and no Fire Marshall or Police shutdowns, and non stop uncontrolled Growth. I have been asked to be updated on the Brewery and other changes related to the Redwing neighborhood. Why wasn't I notified by mail about this application?Why isn't there proper, readable signage posted for the entire Redwing residents to see, as they enter and exit Eaglewood onto Oceana Blvd?The sign that I saw, was not visible to 90%of the people in and out of the shopping center and driving on Eaglewood and Oceana. Only those who are stuck in traffic and/or walk up to read it, can see what it says. Same for people walking or biking. Michael Gates is and has always been a partner. I have the application file. He was and is a full time VB Police Officer.The security for the shopping center is a semi-private security,since it has active members of the Police. We have uncontrolled growth,too much trash,too much flooding and ONLY 1 run down old Pump station inside Redwing. It also services Beacon's reach. Not to mention the never ending demo of trees and woods for more and more and more shops and storage facilities. Where are the current Traffic Counts?They can't be too accurate, because lots of people haven't been working.They can't be accurate,as they aren't taken on the busiest days of the year and the busiest times. There are NO viable Evacuation Routes for most high density and low density structures in our City.There are NO Level I Trauma Hospitals for adults in the entire City of VB. Our First Responders are overworked and our traffic problems when most accidents occur, leave our roads gridlocked and hardly any shoulders to pull over.The few that exist are illegally used by drivers trying to escape GRIDLOCK! Brewery Distillation and Manufacturing should be in remote Industrial Locations.There should be a limited number of ABC licenses and less hours that alcohol is sold. It should NOT be delivered. I oppose this Project for all of the reasons given when they were first approved and additional problems now that more ABC licenses are handed out like Halloween Candy. We have DUI problems. We have Domestic Violence Problems.The City has failed to address these problems for decades.The City has too many projects and too few staff to enforce. I am sick of the subcontracting and the special parking for vendors.The horseback riding vendor takes up parking and has FREE Parking on on Beach Access paths. I fully expect new signs, not covered with white paper and impossible to read,to go up, and to start a new 30 to 60 day notice. I would like copies of the notices that went out to the adjacent properties and businesses. Bay Mechanical and other private trash collectors, no not have sufficient trash dumpsters behind each business. Some around town look like they came out of a dump. Same for orange cones and rusty dumpsters. I strongly object to the City moving back to Bldg.# 1 or any building other then the convention center, which has plenty of parking and more space for the public. I object to adding additional Open Mic nights,when Open Mic has been used by BLM and VCDL for their Protests. Respectfully, Barbara Messner Va. Beach„Va. cc: 7 i ' \\ \ ,/, ____:4111 irY La ' ' D 1=1 ' -Ah, a) i CO , \\ NIg<./ co , \ C13 9C3. ' [g r? E , 0 N f e o -uol _s 6 u151.........__3_ ! ! I ,„,c--) a -a VI \{ CI C•I •V co N :7 IRO t J �; 1 o co 0V E ' 0 o ,c� H — �.. Ri •C 1 it • _ 0 ,,-cc13 \--- D m ' 00 CCDi (7" ° E as ca ; o m 00` moo a, w co cDe 7 - N L 0 N O w StOn`' r m 7�r � v co Cra \\b.. \iiir` L �� \ ____ , ,,____-- BG ct, 1 \ i\.!,. o > . ----- - \ 3 - 1'6 . n , 0 , o o N- I, T- N .." II\ _ lc( t,, 0r00 co) O N COd a 10 P m ‘- *4;„1,-.#,..-A..if+.`,:,r."-\i; .i/Fm„_,p/ ..,-_4,.,,,.N/<,/N2...N.\,N!,-_\,D/ ./ ,,a_ .,„:,, , N < ,`�1ct.,..0 > '2.:, ooQk \, Road/ Zi / \N ,d o , Grove _° a ! \ ' m in111 o q- \ , a •- t s (A N m <• f•, 4 ; 4• CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: ATHERTON CONSTRUCTION & DEVELOPMENT, INC [Applicant & Contract Purchaser] OPEN DOOR CHAPEL, INC [Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 3177 Virginia Beach Boulevard (GPIN 1497041957). COUNCIL DISTRICT — BEACH MEETING DATE: July 13, 2021 • Background: On January 5, 2021, City Council approved a request for a Modification of Conditions to an existing Conditional Use Permit for a Religious Use in order to remove 0.58-acres from the provisions of the Conditional Use Permit. The church then conveyed that acreage to an adjacent parcel along Virginia Beach Boulevard. Similar to that request, this proposal is to remove 0.17-acre of the church's property in order to sell to an adjacent property owner for use for a parking lot for a by-right retail redevelopment also along Virginia Beach Boulevard. • Considerations: Combining this portion of the church's site with property to the north will enable an orderly and desirable redevelopment proposal along Virginia Beach Boulevard. As the site is located in the 65-70 dB DNL; Sub-Area 3 AICUZ, uses compatible with Naval flight operations are required for discretionary proposals and encouraged for by-right development. The new retail and parking lot satisfy the AICUZ regulations. The remaining 6.38 acres exceeds the minimum three-acre lot area requirement for a freestanding church and the 100 feet lot width requirement for property zoned B-2 Community Business District. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendation: On June 9, 2021 , the Planning Commission placed this application on the Consent Agenda, passing a motion to recommend approval by a recorded vote of 7-0. 1 . All conditions attached to the Modification of Conditions granted on January 5, 2021 are hereby deleted and superseded by the following conditions. 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion and 0.17-acre portion of the church's property to be incorporated into that site as parking areas, the applicant/owner shall Atherton Construction & Development, Inc Page 2 of 2 submit a subdivision plat to the Department of Planning & Community Development for review, approval, and recordation. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: iC Applicant &Contract Purchaser Atherton Construction & Agenda Item Development, Inc ,7 Property Owner Open Door Chapel, Inc 13 City of Planning Commission Public Hearing June 9, 2021 Virginia Beach City Council Election District Beach Request Modification of Conditions (Religious Use) Staff Recommendation �,, , SV i Approval '"z' ; td4bia• w Staff Planner ° 1 n \ Hoa N. Dao d r I' Location I b. e,lwjd- ,, 3177 Virginia Beach Boulevard GPIN 1497 �!, r (....� .C. Pinewood Orr* ---- 497041957 Law.L..\\: Site Size Boyd Road oct C:Ni An 6.55 acres (0.17 acres to be removed from CUP) 1. \ -> AICUZ G eel s `a 65-70 dB DNL; Sub-Area 3 s, these S a 6 „ Watershed III ) I Chesapeake Bay ). y � Existing Land Use and Zoning District Religious use/ B-2 Community Business . kik Surrounding Land Uses and Zoning Districts &° Ai -- 40 it' * ..., North :. Virginia Beach Boulevard -"'"" 0, _' 10 "` Mixed retail, auto dealership / B-2 Community t • , `f " Business 1' 4.rr4. _ - `- .. r South Multi-family dwellings/A-18 Apartment 0 ` East `,`' Apartments, mixed retail/A-12 Apartment p West - Townhouses, multi-family dwellings/A-18 Apartment - o Atherton Construction & Development, Inc Agenda Item 13 Page 1 Background & Summary of Proposal • The subject site is zoned B-2 Community Business and is located within the Lynnhaven Strategic Growth Area. • In 1978,a Conditional Use Permit was approved by City Council for a Religious Use on a 7.12-acre parcel. A Modification of Conditions was granted on January 5, 2021 to remove 0.58-acre from this Conditional Use Permit in order to convey that property to an adjacent parcel along Virginia Beach Boulevard for use for parking. The subdivision plat to remove the 0.58-acre from the church parcel has not yet been submitted to for recordation. • The applicant now seeks a second Modification of Conditions to acquire an additional 0.17-acres also to provide additional parking area for the retail redevelopment contemplated along Virginia Beach Boulevard. • The remaining 6.38 acres will exceed both the minimum three acre lot area requirement for a freestanding church and the 100 feet lot width requirement for property zoned B-2 Community Business District. 4 , s Zoning History f - t. -., �� `�W. .Y,c .,,,,;,,� # Request P.' °1 ,_ 1 CUP(Tattoo Parlor)Approved 07/10/2018 1 ��' CRZ(R-7.5 to Conditional B-2)Approved 01/04/2005 4' ` d r' 2 CUP(Tattoo Parlor)Approved 12 05 2017 �=' ' `^`° �� r — 3 CUP(Motor Vehicle Sales)Approved 09/12/2006 `i' �' �� 4 MOD(Religious Use)Approved 01/05/2021 r,.,n C . 4 % c. LJ , CUP(Bulk Storage Yard)Approved 09/10/2004 , y= 0" / 1' _ CUP(Religious Use)Approved 01/16/1978 5°, ' jam,m Goo, u 5 CUP(Motor Vehicle Rentals)Approved 09/14/2004 °, ltt .' 4 r t . `u �r �, e 6 CUP(Motor Vehicle Sales&Service)Approved 12/09/2003 w r{ 7 CUP(Motor Vehicle Sales&Service)Approved 06/11/2002 r> .A\''r I �l-i `..- L, 8 CUP(Motor Vehicle Sales&Service)Approved 02/27/2001 TT) CUP(Motor Vehicle Sales&Service)Approved 10/14/1997 � �49 CUP(Motor Vehicle Rentals)Approved 06/13/2000 "' 10 CUP(Motor Vehicle Sales&Service)Approved 09/14/1999 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning SIC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation Staff finds this request to remove 0.17 acres of property that is currently part of the Conditional Use Permit for a Religious Use acceptable.As noted above,this area will be dedicated to parking for a new retail development to the north. The church does not require this portion of land to meet the minimum lot area or lot width requirements,or any other standards associated with the Zoning Ordinance. The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. Combining this portion of the church's site provides land necessary for the desirable redevelopment proposal on the property to the north.As the site is located in the 65-70 dB DNL;Sub-Area 3 AICUZ, uses compatible with Naval flight operations are required for discretionary proposals and encouraged for by-right development.The new retail and parking area satisfy the AICUZ regulations. Based on the consideration described, Staff recommends approval of this request subject to the conditions listed below. Atherton Construction & Development, Inc Agenda Item 13 Page 2 Recommended Conditions 1. All conditions attached to the Modification of Conditions granted on January 5, 2021 are hereby deleted and superseded by the following conditions. 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion and 0.17-acre portion of the church's property to be incorporated into that site as parking areas,the applicant/owner shall submit a subdivision plat to the Department of Planning&Community Development for review, approval, and recordation. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Conditions of 2021 Modification of Conditions 1. All conditions attached to the Conditional Use Permit granted on January 16, 1978 are hereby deleted and superseded by the following conditions. 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion of the church's property to be incorporated into that site as a parking lot, the applicant/owner shall submit a subdivision plat to the Department of Planning&Community Development for review, approval,and recordation. Conditions of 1978 Request for Religious Use 1. Standard improvements as required by the Site Plan Ordinance. 2. The necessary drainage easements for the existing large drainage ditches located on the site and along the easter property line will be required. 3. The provision of parking area at a minimum of one space per 5 seats or bench seating spaces in the main auditorium. Comprehensive Plan Recommendations The Comprehensive Plan designates this site as being within the Lynnhaven Strategic Growth Area.The long-term vision for the Lynnhaven SGA calls for a series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs that are compatible with AICUZ restrictions. Atherton Construction & Development, Inc Agenda Item 13 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There does not appear to be any significant natural or cultural resources on the site. Public Utility Impacts Water & Sewer The site currently connects to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9, 2021. Atherton Construction & Development, Inc Agenda Item 13 Page 4 Proposed Boundary To Be Removed I —J w E d U= co U U I fI 6 D lD N _ r-I U • o ; .�\\ \\\\ j, e:� 1 ti j' f I lit .x _ \ • w \ m �������� . fT �' I rms Qi -�' — r— LLJ.1 C F , c°.I I � ,� . t ` Q I - ;;1 — p m l okwo I t —-+— — P . C/) IQ - P 0 w - Q • ' I 1 '61.: 41 . _1 ______:_le. I Atherton Construction & Development, Inc Agenda Item 13 Page 5 Site Photos . • .-., • ,..,,,H • ,.. • :„. --4'.t I 11,4)e ' Ai( • .. - . --,: ,1 •- ,•,,.. .!....kri.- Psivir / 4i... 0,: -. . 4 - . r- ' 1-- 2i.4Z.:,,M. • • - : . ... —z_ L ..-,_--- _ --- , --------- ' . ' _. . - -44=ir-•-. . ... . i -..,---;?---,- ... ..,.---1,---/-.. . . . ,4..;,,1114:.::,:-2 . s, , r ,A.,:---,- ' • -. .Alit— 1 ,_ .•.iif-7!-0,- . : .x.., -• ;i, 4./. ,.- ii.'. ;. -.., , .. ., . „.„.., •;,- i ,.. -. . ..‹.......... -.f......:.._,.... ' i!"ff--;',94- i le-, •;••.',:. •',.-r., . :...., ' _'7'-,-..... . 41/6....,...si2)„._.,1-;..'.-„,... . . -4-.1916*. t',;•-• t;:'2:..':', -'4.; '-e' ; -: r ..;'",,,..: . -4PGAP".f.s.,Z' t ':''''' : .r'r,•;',. ,..._..,1-;,,....,,r z•.; ,.. . • i 1414•46.. - 4 • . . , .. / E ,.-• ..- .. , • -;17 ill ' • j 11 till , .. .. • •• ...._.0 -- -------- ••00///••• _._ - ---- _._ _ - —--- ------ ................._ ...-....,...._.......__ --.'-- . ..,... ..„,•.- - ..filL- - '---,...%'-i,;&i.e•rl: ...ars . Atherton Construction & Development, Inc Agenda Item 13 Page 6 Site Photos Atherton Construction & Development, Inc Agenda Item 13 Page 7 Disclosure Statement Disclosure Statement Ai13 City of l'irgima Bass Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Atherton Construction&Development,Inc Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. Parker Burnell Real Estate Group Kristen Huber Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?lI Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Thomas H.Atherton, III Lynn M.Duffee • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) No "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1 ) Atherton Construction & Development, Inc Agenda Item 13 Page 8 Disclosure Statement Disclosure Statement \43 Cita l Virginia 8 Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing finandng(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑ No • If yes,identify the financial institutions. Towne Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑ No • If yes,identify the real estate broker/realtor. Parker Burnell Real Estate Group Kristen Huber 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?U]Yes ❑ No • If yes,identify the firm or individual providing the service. Pat Yockey 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?MI Yes ❑ No • If yes,identify the firm or individual providing the service. Kerry Finley,Finley Design 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U]No • if yes,identify the purchaser and purchaser's service providers. 2I Atherton Construction & Development, Inc Agenda Item 13 Page 9 Disclosure Statement Disclosure Statement 'tl.ynnBead! Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?II Yes 0 No • If yes,identify the construction contractor. Atherton Construction and Development,Inc. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?In Yes 0 No • If yes,identify the engineer/surveyor/agent. Draper Aden Associates 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?Ill Yes 0 No • If yes,identify the name of the attorney or firm providing legal services. Jeffery 1.Nuckolls;Basnight Kinser(Seller's Attorney) Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Thomas H.Atherton;Managing Member Print name and Title 3/31/2021 Date Is the applicant also the owner of the subject property? ❑Yes NI No Purchasing property; Signed Purchase Agreement Provided • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Dote 06.29.2021 signature I4 Print Name Hoe N. Dao I Atherton Construction & Development, Inc Agenda Item 13 Page 10 Disclosure Statement May 06 21,10:59a Dotti Jolliff Tax and Acc 7574104138 p.2 • • h .x r' R Ci z L.�.+.`,' 3r_(4` t i ! + �'Y. r� Y.•N it 1 -�'W1' `v 1 Y'*S. ji`..+e "J. '� � '� 3 Hy,,t. te: 'fin is'r ffti sfS 4Gt�' iv 4 - # ^ry w* Owner Disclosure Owner Name Open Door Chapel,Inc. Applicant Name Open Door Chapel,Irru. Atherton Construction&Development,Inc. Is the Ownera corporation,partnership,firm,business,trust or an unincorporated business?I Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Evelyn Puckett,Pastor,Dorthy lolliff,Treasurer;Johan Anderson,Elder,Joseph Calvert,Elder;Tee me Duke,Elder;Dorothy lolliff, Elder,Larry Velure,Elder • If yes,list the businesses that have a parent subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes In No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. `"Affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ill a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management er control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationsh p between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-310L Atherton Construction & Development, Inc Agenda Item 13 Page 11 Disclosure Statement 7574104138 p 3 Ma 0621,10:59a DottIJoiliff Tax and Acc ( hl � �M l .k7C r4R1 t � 4 1 g Darner Services Disclosure 1. Does the Owner have arty existing firrancing(mortgage,deeds of trust,cross-collateraliration,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? CI Yes No • if yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtar for current and anticipated future sales of the subject property? ■Yes 0 No • if yes,identify the company and individual providing the service. Riddle&Associates-Larry Rumsey 3. Does the Owner have services for eaounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes III No • If yes,identify the firm and individual providing the service. N/A 4. Does the Owner have services from an archdect(landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?El YeS •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? Yes 0 14o • If yes,identify the purchaser and purchaser's service providers. A 'EERiU't aiNSTRUCTTCN s DEVELOP' T, INC (DISQAStR2E STNTE.-QPP ATMCEIED *'FR7PO 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes IN No • If yes,Identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes II No • ryes,identify the firm and individual providing the service. _ I { Revised 7S.r)9.JnM...._-_....._. ._ Atherton Construction & Development, Inc Agenda Item 13 Page 12 Disclosure Statement May 06 21,10:59a Doll'JongTax and Acc 7574104138 p.4 ' , 7 )i d. •Ry 'v yr� k,f r Jr, w > � 'S`rt .`0, 1' �, f .f - l .: � Yi�h 4�1Pw�JW 4 a S � � +4.'{T S { .. 'rn,,c. ; k L d+ ar� to 7:2 2 fk .Y ,,ip .t,. .. -vitit �. , .aZ4r h y f , i -, z.,,ti ' tl,' 4' 1l ' tr; ,:t '3.. fir r -• h•. ,...4 e- B. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?N Yes ❑No • fives,identify the firm and individual providing legal the service. Basnight,Kinser,Leftwich&Nuckolls,P.C.-Jeffery Nudwlis Owner Signature I certify that all of the information contained in this Disclosure Statement form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. c L " ->-3}=lc .lu�- -zttV - zz-- ,; ;i C l alaLk' i‹.. t�wnersfenatuTe ( _) ' ' t ek' ri Lr •(0Lc-,(;. IAz.4_,v._ciiumi Print Nameand Title Date r Atherton Construction&Development, Inc Agenda Item 13 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Atherton Construction & Development, Inc Agenda Item 13 Page 14 Item # 13 Atherton Construction & Development, Inc. [Applicant & Contract Purchaser] The Open Door Chapel, Inc. [Property Owner] Modification of Conditions (Religious Use) 3177 Virginia Beach Boulevard June 9, 2021 RECOMMENDED FOR APPROVAL - CONSENT Mr. Wall: Okay, thank you. The next application on the agenda is agenda item number 13. Atherton Construction & Development Incorporate is the applicant; the Open Door Chapel Incorporated is the property owner. Ms. Sandloop: Mr. Wall, we have the representative as WebEx for Atherton. Okay, I'm calling Troy Parker. Did I skip — Did I do something wrong? And we're good. Okay. Troy Parker is the representative. He is on WebEx. Mr. Parker if you would please pause two to three seconds, state your name and then please begin your comments. Mr. Parker: Yes, hello, this is Troy Parker. I'm here representing Atherton Construction Development, here to answer any questions concerning the proposed change in use on some property that we're purchasing from the church to complete approximately 25,000 square foot development in front of the church. Thank you. Mr. Wall: Are the two conditions acceptable? Mr. Parker: Yes. Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Horsley to read this into the record. Mr. Horsley: Thank you, Vice Chairman, that's better, I guess. In 1978, a conditional use permit was approved by City Council fora Religious Use on a 7.12-acre parcel. In January of this —this year, a modification of conditions to that conditional use permit was granted by City Council to remove 0.5 acres from that use permit to use for parking for a retail development next door — to the North. Now they're asking to remove 1.7 acres from that use permit to provide additional parking for that retail development. Staff has looked at this; the church still has plenty of acreage for parking, and plenty of parking left, so they thought it was fine to do that. So there weren't any — any opposition so we decided to place it on the consent agenda. Thank you. Mr. Wall: Okay,thank you Mr. Horsley. The next item on the consent agenda is agenda item number 19, 3323 Shore Drive LLC. Requesting conditional use permit for 1 Commercial Marina is located in the Lynnhaven District. Is there a representative for this item? Mr. Faduro: Good afternoon. I'm Ray Faduro representing the applicant and the property owner for the item 19 and we will take it as it stands with the recommendation. Mr. Wall: Okay, thank you. Mr. Faduro: You can ask any questions if you need. Thank you. Mr. Wall: Are the—are the two conditions acceptable? Mr. Faduro: Yes, they are. Mr. Wall: Okay. Thank you, sir. Mr. Faduro: Very much. Mr. Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Coston to read this into the record. Mr. Coston: The applicant is proposing to construct two docks each adjacent to the existing Bubba's Seafood and Shellfish Company restaurants to accommodate birthing personal watercraft of restaurant customers. The proposed dock for Bubba's will be approximately 12 feet wide by 75 feet long. The proposed dock for Shellfish Company will be approximately 12 feet wide by 55 feet long. Timber stairs will be provided to access — access the restaurants from each dock. A Joint Permit was submitted to construct the proposed dock at Bubba's Seafood Restaurant on April 7th, 2020.A Joint Permit Application was submitted to construct the proposed dock at Shellfish Company on May 5th, 2020. The Waterfront Permit is pending the approval of the conditional use permit. The staff recommended approval and the Planning Commission concurs therefore,we've placed this on the consent agenda. Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The planning commission also places the following applications for conditional use permit for short-term rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition.These include agenda item number 28 Dan &Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? 2 Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. 3 Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19, 20,21, 24, 25,28, 31, 37, 38,and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. All conditions attached to the Modification of Conditions granted on January 5, 2021 are hereby deleted and superseded by the following conditions. 2. Prior to site plan approval for the redevelopment of the property to the north that depicts the 0.58-acre portion and 0.17-acre portion of the church's property to be incorporated into that site as parking areas, the applicant/owner shall submit a subdivision plat to the Department of Planning & Community Development for review, approval, and recordation. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 1// / \1 — 1 O / ~� 7�� Q / 4, /�/� O —ii o I -� Org `arte N .r s COco cT I Cy, R �` O 1 LO ----1.\ � _ \ O \ 0RS a 4 � 0 N C L - i L ., N Q ❑ = O \ a \ .c _ _ o2 e u q -- -, lk,.. (•••••sQ... /H-- Li') 17.3 W --`cg#.4co \- cn C co k ___ -- co oz_ :_fraL__job, _______ . ..2 .t.... 0 0 / ,____•7rty [tee — M kTV Ca] Z MT C r I Z ai W 0 a Fi 07_2' ,, \ ,a 7 .---" 0 ri/ CM \ [(ice)___/h_.- Q/ /4'1 Q \ i Z:: J C-1C:: I-7 o i2 CD O 6 _iX„ / 0 - ' 7' 0 . \ i (A � N CO° n 1 . Nu ems. J `:w CITY OF VIRGINIA BEACH AGENDA ITEM ) ITEM: BEACH BUILDING GROUP, INC [Applicant] DAVID & DEBORAH MCCOLGAN, KRISTIN WORRELL [Property Owners] Conditional Change of Zoning (R-7.5 Residential District to Conditional A-18 Apartment District)for the property located at 2332 & 2328 Pleasure House Road (GPINs 1479498450, 1479498301, 1479498364). COUNCIL DISTRICT — BAYSIDE MEETING DATE: July 13, 2021 • Background: The applicant seeks a Conditional Rezoning of the subject properties from R-7.5 Residential District to Conditional A-18 Apartment District and redevelop the 0.58- acre site with four new duplex buildings. The existing single-family dwelling will be demolished and replaced with a total of eight units with a resulting density of 13.79 units per acre. According to the applicant, the stormwater system will be installed underground beneath the drive aisle and parking area in order to capture and treat stormwater runoff. • Considerations: In Staff's view and the Planning Commission concurred, the proposed rezoning is consistent with the adjacent zoning classifications and the Comprehensive Plan's goals for the Suburban Area Bayfront Community that include the preservation and protection of the character, economic value, and aesthetic quality of established neighborhoods. The Bayfront Advisory Commission found the proposed coastal- inspired architecture with architectural roof shingles, premium vinyl siding, vinyl porch and column trim, board and batten and shake siding accents, and vinyl windows to be consistent with the recommendation of the Shore Drive Corridor Design Guidelines and supports the application. Sufficient screening will be provided where the property abuts residentially-zoned parcels to the north. While screening is not required nor proposed along the southern and eastern property lines where the property abuts apartment districts, there will be screening along these property lines as it was proffered by the adjacent development. In addition, the redevelopment will improve traffic safety by reducing the number of vehicular access points on Pleasure House Road from three to one. Beach Building Group, Inc Page 2 of 2 Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. Two letters of opposition were received by Staff regarding the proposal and there was one speaker in opposition at the Planning Commission public hearing. The opposition noted concerns with the proposed density, traffic congestion and safety, flooding, and the potential for a decrease of property values. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend approval of this request by a vote of 6 to 0 with 1 abstention. • Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Letters of Opposition (2) Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: 1\1B Applicant Beach Building Group, Inc Agenda Item Property Owners David & DeborahJune McColgan92021, Kristin Worrell Planning Commission Public Hearing , City Council Election District Bayside 14 Virginia Beach Request Conditional Rezoning (R-7.5 Residential District to Conditional A-18 Apartment District) Staff Recommendation sir r .e s .'"'R�d c Approval / ' II (��_ca iii �``+e.o�en --''-on to*n"e Staff Planner Hoa N. Dao rea• &'°" 0 Sek Soe„t Burls., awtRcvn Location t •i V 2332 & 2328 Pleasure House Road `"e6ra• 6 io dean 1 GPINs $ I 1479498450, 1479498301, 1479498364 4' �" V\ Site Size Seri Circle e Casapian P' e ; 0.58 acres s onve ; E _ _� a AICUZ ' Less than 65 dB DNL `° Watershed Chesapeake Bay Existing Land Use and Zoning District . - "t Brand,„ i' I Single-family dwellings/ R-7.5 Residential "O Seca'f * _` .N .�,_ rat'.5 ^ 9I Surrounding Land Uses and Zoning Districts ea�h`�"°`^gc e,:ds s F. :, 3 - Northjpo "��.,,, -- Single-family dwelling/ R-7.5 Residential • �� ` ' c, ,/ tfli,, i. ; South o,r\... '' , Apartments/A-24 Apartment _j• East , < ,,t •w,n"na,o Ver r • s rg Apartments/ PD-H2 (A-24 &A-36 Apartment) - - ,, West • - f, •. A �"i _'i Pleasure House Road r r Oadso^cb1„ r,,-..i e..8.,ad . Iet Apartments/A-18 Apartment .-,'' vk V" ; ' ' . ' 144�' = N •.r �4,C,,,„, , - &resonq Lane Beach Building Group, Inc Agenda Item 14 Page 1 Background & Summary of Proposal • The applicant seeks a Conditional Rezoning of the subject properties from R-7.5 Residential District to Conditional A- 18 Apartment District. The 0.58-acre site is comprised of two existing single-family dwellings that will be demolished. Proposed are four new buildings, each with two units for a total of eight units and a resulting density of 13.79 units per acre. • The proffered elevations of the three-story structures depict a coastal-inspired architecture with architectural roof shingles, premium vinyl siding,vinyl porch and column trim, board and batten and shake siding accents,and vinyl windows. • The proffered concept plan depicts a single point of vehicular ingress/egress along Pleasure House Road and 16 parking spaces,thereby meeting the parking requirement for the eight dwelling units. _.........4. .1� '.> ..., Ww''6ony r, Sft '� Won bpiL°s(� t Lf / .,, j r, a.d'onp n° I V ���, 4isi up- r Zoning History s' c«,,, %�` 11 # Request f)._ � •L _ 1 CRZ(A 18,A-24, R-7.5,&R-10 to Conditional PD-H2) �� ' wM I_ i__ Approved 01/19/2021 �h4°O`^b 2 SVR(lot width)Approved 03/11/1992 p L i_ ; 1 I = atlbn CO.1 • �.. J 1 1 - < J ° r e 4 lli 1Tr' w`�bam. 34 ! — . fl4i0--T.1 -irnknu,lrit _ . Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Conditional Rezoning request is consistent with adjacent zoning classifications and the Comprehensive Plan's goals for the Suburban Area Bayfront Community that include the preservation and protection of the character, economic value, and aesthetic quality of established neighborhoods.The coastal architectural design and building materials proposed are consistent with these goals and are reflective of a resort neighborhood, as identified in the Comprehensive Plan.The proposed buildings will be compatible in use and context with the character of the surrounding community and will enhance the visual aesthetic of the site. In Staffs view,the project's design is in conformance with the Shore Drive Corridor Plan recommendations for preserving and protecting the character of the established neighborhoods, as the resulting development will be an attractive addition to the residential community along Pleasure House Road. Adjustments to the design and building materials were made based on recommendations from both Staff and Bayfront Advisory Commission to ensure compliance with the Shore Drive Corridor Design Guidelines. Based on these changes,the Bayfront Advisory Commission supports the application. Beach Building Group, Inc Agenda Item 14 Page 2 As required,the proffered concept plan depicts a 10 foot wide buffer with Category IV plantings and a six-foot tall privacy fence along the northern property line.The proposal meets the screening requirement of Section 603 of the Zoning Ordinance for apartment districts abutting residentially-zoned properties.The subject site borders the Windsong Apartments to the north,south and east. As the proffered plan of the Windsong Apartment redevelopment included privacy fence and Category IV landscape buffer along the eastern and southern property lines of this site,the applicant opted not to install landscape screening in these areas, nor is screening required. Streetscape and foundation plantings are proposed along Pleasure House Road and between the buildings. Final review of the landscape plan will be completed at site plan review. The applicant has indicated that an underground stormwater system beneath the drive aisle and parking area will be installed to capture and treat stormwater runoff. Preliminarily,Staff acknowledges that this strategy may be viable on this site. Review for compliance with all stormwater regulations will be completed at the time of final site plan review. With respect to school impacts,Virginia Beach City of Public Schools Staff finds that the number of students generated by the development can be accommodated for the respective grade and attendance zone. The schools are all currently within an acceptable utilization range of+/-10%of optimum capacity. Staff recommends approval of this Conditional Rezoning request subject to the submitted proffers below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant, consistent with Section 107(h)of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is redeveloped, it shall be improved with an eight(8) unit residential condominium with fencing, landscaping and access substantially as shown on the exhibits entitled "CONCEPTUAL LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH,VIRGINIA",dated 10/27/2020 and "CONCEPTUAL PLANTING LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH,VIRGINIA", dated 10/27/2020, prepared by WPL,which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter"Rezoning Exhibit"). Proffer 2: The architectural design of the buildings depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled, "CONDOMINIUM PLANS PLEASURE HOUSE ROAD"—"ELEVATIONS", dated 11/1/20, (hereinafter"Elevations")with the primary exterior building materials being premium vinyl and architectural shingles.The elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: When the Property is developed,the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty(30) days.The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces,common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Beach Building Group, Inc Agenda Item 14 Page 3 Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable as they provide a high level of predictability related to the ultimate site layout,vehicular ingress/egress, landscaping, building architecture and exterior building materials.The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as part of the Suburban Area Bayfront Community,adjacent to the Shore Drive Corridor Suburban Focus Area (SFA). This area is characterized by many well-established neighborhoods, newer high-density residential development, neighborhood and resort commercial uses,significant parks and open spaces,and proximity to the Chesapeake Bay and Lynnhaven River. The Shore Drive Corridor is an integral part of the Bayfront Community,extending from North Independence Boulevard to First Landing State Park. While primarily a residential community,the corridor shares the responsibility of being one of Virginia Beach's primary east-west connectors.The area is considered a resort neighborhood and not a resort destination. While it is the most densely populated area of the City, it is primarily a neighborhood residential area.The general planning goals and policies in the Comprehensive Plan include preserving and protecting the character,economic value, and aesthetic quality of the established neighborhoods,while also achieving the lowest reasonable density for future residential uses. The Shore Drive Corridor Plan,which is adopted by reference as an amendment to the Comprehensive Plan, is more specific about goals. It calls for protecting, restoring and enhancing the Shore Drive corridor;encouraging development and redevelopment of the corridor as an attractive residential community;and making improvements to current conditions in the corridor by strategically targeting limited financial resources. Natural & Cultural Resources Impacts The site is located within the Chesapeake Bay Watershed. There does not appear to be any significant natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1 Existing Land Use 2—20 ADT Pleasure House Road 7,840 ADT 12,500 ADT1 a„(LOS D") Proposed Land Use 3—59 ADT lAverage Daily Trips 2 as defined by two single-family 3 as defined by eight multi-family 4 LOS=Level of Service dwellings units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Pleasure House Rd in the vicinity of this application is a two-lane undivided collector street. The Pleasure House Road Street Improvements Phase II project is currently in the CIP with a scheduled construction start date of July 2024 and completion date of May 2026. This project will provide street and safety improvements along Pleasure House Road from Shore Drive to Lookout Road. Improvements will include new curb and gutter, drainage improvements, bike accommodations and a new five-foot sidewalk along Pleasure House Road. Beach Building Group, Inc Agenda Item 14 Page 4 Public Utility Impacts Water& Sewer The site is currently connected to City water and sanitary sewer services.The proposed development must be master metered for water service and connect to City sanitary sewer with a single eight-foot lateral with manhole at the right- of-way to serve all units. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Hermitage Elementary 529 students 661 students 1 student 1 student Great Neck Middle 1,066 students 1,194 students 0 student 0 student Cox High 1,772 students 1,963 students 1 student 1 student "Generation"represents the number of students that the development will add to the school. 2"change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4,2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28,2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/depa rtments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9, 2021. Beach Building Group, Inc Agenda Item 14 Page 5 Proposed Conceptual Site Layout • MY.001OVe MOM /aae+- !>•.KV av ng S•3J0'L Iila' ariww. 1. awvox 1 W. MD rW 1 7. 0O2 R1Or. I (Ili iiii . _®T® lira.Q , Mae.he CIE , 1 r ruK.I....:. WT/ J-5713f1' j lry iaK a i --r,•r ` R a.eStcwc k oMotwrc A v AtLOe a.aurt , nR 4 { n nR 4 4 n" I ' ow.ar GAUGE oMlo[ twwnr le., r s Mar .uv' _I L_ I L__. 2~AMC P AM OC t AMOK' S AMOK 9MfO S A06 mica 91106 face r ✓ .row . :1\\\*....."--..- 'ammo v ` ./ v ra ra.., • 4 8 •8 a M•' CLACILIE z y ' oar 4 e ^ i It 'M C f , ."a . t • a 1 1., y _, _ 1.'' ' f I herMaeNM H00 • l-fM )�M ) J l'i.M GNI� maw GK1..- cow( ' 1 +aoxs wsw1./!wrw�; :.�: 7 :>.... a.m- ,am ,a11 r.a •� ..._T {._ ,•.� Nf a1lO• ID RUC •.NM• ®• 19,YM 1 M/ROM ®1�} aY A09. _ -� [ 12 Ao rta0. ` i CROW Oar ®`\I Tm .a4101 T® mlrD ary 7 1 7 M� t i I 1 WA ^ •—. ( 1 �Y ialOflf. /4i111115 T L. • .r .'. t P'ar..of,..11l:CAl.' Beach Building Group, Inc Agenda Item 14 Page 6 Proposed Conceptual Landscape Plan ,� ... .0.n"m"� ., n"ot' v.si!»Ta1\ wro wsr.1.0.01200�o _ Y,i "—-- .. —-41r 11 r-I ir f V if V-47*-7- -7-'' * got 10 ilk 40 , 10 4r \N 111 41i IlL4 a s:sn .o w aw+r ry: y,n alli:. a . i i !i h ' Z I ;-L. '' 1 ritri p):_i- r_ ._._ .. .., -"'''',,...,,....,.....„....t) 1 itiz) f ''If SOU S i',�, ` i - — - . 6iiii • �f , , i. sort ro uruorr*OM.0 w w arm'r .JI.X ...so w�arara•w+nw.... Beach Building Group, Inc Agenda Item 14 Page 7 Proposed Elevation Plan Ii Ii' I II HU ION 1 = is I. to_. ll I_ 11 I ilift ----, ,-....'II I ta� . I I I .. 1 1 r ■ m z (, v 111 agoLI 1..�.h. W_ iI _ '1fjj Z I�IIIIIII; 11 Q DI z3 _� 3 bI it /, V i. i1 _r- i Al 4 :MI ::III :MI iir z_ 0 u i u b i i# Beach Building Group, Inc Agenda Item 14 Page 8 Site Photos �. t y ^ f ti) x , ..41 7 • i i it s „, , ,.._ ......... ,.., ., 4. 7 , _ le mot , -"'-! f 2 ' , r ,L , ;__,..„ ,s4...„...i., . ,. .,==1.,,,,r_,. \ \ , ,., *Aii!!"44;:i 7"-=, ...,,..=-",:-,4:.,:gr,....,, Beach Building Group, Inc Agenda Item 14 Page 9 Site Photos f 0 1: 1 r. -i #1 A `ram ear 1 �i�► 1 Beach Building Group, Inc Agenda Item 14 Page 10 Disclosure Statement Disclosure Statement NIB Cilg(Mini,>» Planning&Community - Development • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body Applicant Disclosure Applicant Name Beach Building Group,Inc.,a Virginia corporation Does the applicant have a representative? I!Yes ❑No • If yes,list the name of the representative R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?*Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jonathan Speight,President;Michele Speight,Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 115 Contractor Services,Lt.C;VB BLVD,LLC;Birdneck Road,LLC 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I Beach Building Group, Inc Agenda Item 14 Page 11 Disclosure Statement Disclosure Statement ,<_.� ....... Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?I! Yes D No • If yes,what is the name of the official or employee and what is the nature of the interest? Jonathan Speight,Board of Building Code Appeals Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the financial institutions providing the service TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? if Yes ❑No • If yes,identify the company and individual providing the service. Layne Donovan,Atkinson Realty 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?• Yes ❑ No • If yes,identify the firm and individual providing the service. Pat Yockey 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?U Yes ❑No • If yes,identify the firm and individual providing the service. WPL 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchasers service providers. 2 Beach Building Group, Inc Agenda Item 14 Page 12 Disclosure Statement Disclosure Statement Mr3 Ctaofs'Awe. _ .... .•r" Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑No • If yes,identify the company and individual providing the service Beach Building Group,Inc 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?U.Yes ❑ No • If yes,identify the firm and individual providing the service. WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?®Yes 0 No • If yes,identify the firm and Individual providing the service. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C;John Richardson Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understa'id that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in..onnection with this application. Appli s gna athan Spelg t,President Print Name and Title December 1,2020 Date Is the applicant also the owner of the subject property? 0 Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 06.30.2021 ' Signature Print Name -__ - -- --- Hoa N. Dao o.' i—' 3 I Beach Building Group, Inc Agenda Item 14 Page 13 Disclosure Statement Disclosure Statement 'NB City of Virginia death ..- PlanningDevelopme&Comnttymali -................1%\ Owner Disclosure Owner Name David Michael McColgan&Deborah Sue McColgan,husband and wife Applicant Name Beach Building Group,Inc.,a Virginia corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes IIE No • II yes,list the names of ail officers,directors,members,trustees,etc.below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code 4 2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(lii)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 5i .. Beach Building Group, Inc Agenda Item 14 Page 14 Disclosure Statement Disclosure Statement c4 ofVtVirxi 3s.': Planning&Community Development • Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 111 Yes ❑No • If yes,identify the financial institutions providing the service. Truist Bank,successor by merger with BB&T 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Stephanie Jarvis Caskill,The Linda Fox-Jarvis Team,BHHS Towne Realty 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes • No • If yes,identify the firm and individual providing the service, 4 Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes II No • If yes,identify the firm and individual providing the service 5. Is there any other pending or proposed purchaser of the subject property?❑Yes NI No • If yes,identify the purchaser and purchaser's service providers 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes $No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?0 Yes xi No • If yes,identify the firm and individual providing the service. Revised 11 09.2020 6 I Beach Building Group, Inc Agenda Item 14 Page 15 Disclosure Statement Disclosure Statement V13 City o/Virpirrio Beath Planning&Community — Development Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?O Yes II No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature David Michael McColgan Deborah Sue McColgan Print Name and Title t11817•01-0 Date Revised 11.09 2020 7 I p • Beach Building Group, Inc Agenda Item 14 Page 16 Disclosure Statement Disclosure Statement \43 Planning&Commtmrty. -����$ Development Owner Disclosure Owner Name Kristin Michelle Worrell Applicant Name Beach Building Group,Inc.,a Virginia corporation Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes •No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest t y Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes it No • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA Code§2.2 3101. °"Affiliated business entity relationship'means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2 2-3101. 51 Beach Building Group, Inc Agenda Item 14 Page 17 Disclosure Statement Disclosure Statement Ni13 Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes J No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes rt No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the company and individual providing the service. 7 Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I Beach Building Group, Inc Agenda Item 14 Page 18 Disclosure Statement Disclosure Statement { Nh3 Kf ..,�{7,y'* '+t'{• Y"���,Y �.Y:�4 -.i4' tl. • • T ^J ��� SAarli lYy �{ L • � yeM ' }lam 1 i` • �,: •� p- r -K.J S4 �F alY i...•y� __.Mr .#tgi.h,. '4 ,41k4 )ram ." I t-4.it (rs �!- 7 r 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes No • If yes,Identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the Information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Kristin Michelle Worrell Print Name and Title February 015 2021 Date Revised 11.09.2070 7 lI? Beach Building Group, Inc Agenda Item 14 Page 19 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Beach Building Group, Inc Agenda Item 14 Page 20 �`4G1r11A BFA0 :a CITY OF VIRGINIA BEACH '' �' � INTER-OFFICE CORRESPONDENCE .. LtiS 1M '� ate? O i 1 S oF OUF.N'Pt SON In Reply Refer To Our File No. DF-1 0609 DATE: July 2, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Beach Building Group, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on July 13, 2021. I have reviewed the subject proffer agreement, dated December 1, 2020 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Debra Bryan BEACH BUILDING GROUP, INC.,a Virginia corporation DAVID MICHAEL McCOLGAN and DEBORAH SUE McCOLGAN,husband and wife KRISTIN MICHELLE WORRELL TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 1st day of December, 2020, by and between BEACH BUILDING GROUP, INC.,a Virginia corporation, Grantor,party of the first part; DAVID MICHAEL McCOLGAN and DEBORAH SUE McCOLGAN, husband and wife, Grantor, parties of the second part; KRISTIN MICHELLE WORRELL,Grantor,party of the third part;and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the parties of the second part are the owners of a certain parcel of property located in the Bayside District of the City of Virginia Beach, Virginia, containing approximately 12,625 square feet as more particularly described as "Parcel One"in Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel along with Parcel Two as described in Exhibit"A"are herein collectively referred to as the "Property"; and WHEREAS, the party of the third part is the owner of certain property located in the Bayside District of the City of Virginia Beach,Virginia,containing approximately 9,981.67 square feet as more particularly described as "Parcel Two" in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property is comprised of two (2) unplatted parcels created by deed prior to Princess Anne County adopting its Subdivision Ordinance. Each of the GPI N: 1479-49-8450-0000 Parcel One 1479-49-8301-0000 Parcel Two 1479-49-8364-0000 Parcel Two Prepared by: R.Edward Bourdon,Jr.,Esq.(VSB#2216o) Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 two (2) parcels have an assigned GPIN, however,they have been under common ownership and conveyed together using the single metes and bounds legal description of"Parcel Two"in Exhibit "A", since July of 1952. Said combined Parcel Two along with Parcel One as described in Exhibit "A" are herein collectively referred to as the "Property"; and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-18 Apartment District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors'proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS,the Grantors have voluntarily proffered, in writing,in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, 2 their successors,personal representatives,assigns,grantees, and other successors in interest or title: 1. When the Property is redeveloped, it shall be improved with an eight (8) unit residential condominium with fencing, landscaping and access substantially as shown on the exhibits entitled "CONCEPTUAL LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH, VIRGINIA - Beach Building Group, Inc.", dated 10/27/2020 and "CONCEPTUAL PLANTING LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH, VIRGINIA - Beach Building Group, Inc.",dated 10/27/2020,prepared by WPL,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Rezoning Exhibits"). 2. The architectural design of the buildings depicted on the Rezoning Exhibits will be as depicted on the exhibit entitled, "CONDOMINIUM PLANS PLEASURE HOUSE ROAD" - "ELEVATIONS", dated 11/1/20, prepared by JLS Contractor Services, LLC (hereinafter "Elevations") with the primary exterior building materials being premium vinyl and architectural shingles. The elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty (30) days. The Condominium Unit Owners'Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to the A-18 Apartment District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and 3 effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement, damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Beach Building Group, Inc., a Virginia corporation By: (SEAL) Jonathan esi t STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 1st day of December, 2020, by Jonathan Speight, President of Beach Building Group, Inc.,a Virginia corporation, Grantor. wice,ntz Notary Public •p• My Commission Expires: August 31, 2022 lU ' Notary Registration Number:192628 lirrr•••• �4 �O iSS0Z-V4 j`9c� %sas O IA ^ 'yNr1eLC �i•• .+..iney 5 WITNESS the following signatures and seals: Grantors: ,1/4_. '/ (SEAL) David ' ael McColgan o1104- -o-ttA.�i,c_._Thcil.,...----"" (SEAL) Deborah Sue McColgan STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 8 day of December, 2020, by David Michael McColgan and Deborah Sue McColgan,husband and wife, Grantors. eatt-L2--U--4-- \5-. Notary Public My Commission Expires: Lt ( ; 0 C 2 2 Notary Registration Number: Z 0 J11 S 7 CATHLEEN S.SIMMS Notary Public Commonwealth V My Commission Expiress ad" Registration#703 457 6 WITNESS the following signature and seal: Grantor: 41;111tYts. ifitatilt— OU EAL) Kristin Michelle Worrell STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this a5day of February, 2021, by Kristin Michelle Worrell, Grantor. ,,,,,,,,,,,,,,,,, 331 Et/t/tiAj Notary Pirilic _qa4: Stlp . c" •c -31�aoa3 N . My Commission Expires: ���`Ncp`�' '•�-� Notary Registration Number: # 7e6Y96, ••••••••••'' ••�'"#,,V/RG II4 " 7 EXHIBIT "A" PARCEL ONE: ALL THAT certain lot,piece or parcel of land,with the improvements thereon,situated in the City of Virginia Beach (formerly Kempsville District, Princess Anne County),Virginia,being shown on the plat of property of Al T. Lewis &Winifred H. Lewis, situated near Chesapeake Beach", made October 30, 1942,and recorded in Map Book 14,Page 18,in the Clerk's Office of the Circuit Court of the City of Virginia Beach (formerly Princess Anne County),Virginia,and described as follows: BEGINNING at a point on the eastern side of Pleasure House Road 669.1 feet south of Powell's Point Road (formerly Lake Point Road); thence southerly along the eastern side of Pleasure House Road 90.5 feet; thence easterly and perpendicular to the eastern side of Pleasure House Road 159.5 feet; thence northerly and parallel with Pleasure House Road 90.5 feet; thence westerly and perpendicular to Pleasure House Road 159.5 feet to the point of beginning. LESS AND EXCEPT a strip of land twenty feet wide along the eastern side of Pleasure House Road dedicated for highway purposes. GPIN: 1479-49-8450-0000 PARCEL TWO: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: Beginning at a point on the eastern side of Pleasure House Road 759.6 feet south of the Southeastern intersection of Lake Point Road and Pleasure House Road, as shown on plat of the property of Al T. Lewis and Winifred H. Lewis, situate near Chesapeake Beach, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 14, at Page 18 and extending thence in a southerly direction along the eastern side of Pleasure House Road 90.5 feet to a point on the eastern side of Pleasure House Road; thence easterly and perpendicular to Pleasure House Road, 159.5 feet; thence northerly and parallel to Pleasure House Road 90.5 feet;thence westerly and perpendicular to Pleasure House Road 159.5 feet to the point of beginning. Subject to an easement over the strip of land 20 feet wide, indicated on said plat by the dotted line from point A to point B along the eastern side of Pleasure House Road, which strip of land has been dedicated to the public for highway purposes whenever the State of Virginia or the City of Virginia Beach may elect to improve the same for highway purposes. GPIN: 1479-49-8301-0000 1479-49-8364-0000 H:\AM\Conditional Rezoning\Beach Building Grp\2332 Pleasure House Rd\Proffer Agreement_final 3-29-2021.docx 8 Item # 14 Beach Building Group, Inc. [Applicant] David & Deborah McColgan, Kristin Worrell [Property Owners] Conditional Change of Zoning (R-7.5 Residential District to Conditional A-18 Apartment District) 2332 & 2328 Pleasure House Road June 9, 2021 RECOMMENDED FOR APPROVAL- HEARD Mr. Weiner: Before we move to item 14, I need to abstain from this item. Pursuant to the State and Local Government Conflicts of Interest Act, I make the following declaration I'm executing a written disclosure regarding the Planning Commission's discussion and vote for item number 14 Beach Building Group 2332 & 2328 Pleasure House Road. Virginia Beach the applicant is a client of mine, Batchelder& Collins, 2305 Granby Street, Norfolk, Virginia and I may have a financial and personal interest in this transaction. Therefore I abstain from this item and I will step away and Mr. Wall will take over. Mr. Wall: Okay. Ms. Sandloop: Okay. Next agenda item is agenda item number 14 Beach Building Group Incorporated, an application for a conditional change of zoning, R-7.5 residential district to conditional A-18 apartment district on property located at 2332 and 2328 Pleasure House Road in the Bayside District. Mr. Bourdon: Mr. Vice Chair, members of the Commission for the record Eddie Bourdon Virginia Beach Attorney representing Beach Building Group, Inc. Mr. Jonathan Speight, Principal of Beach Building Group Inc, is with us this afternoon. This is an assemblage of three parcels of property that's been put together at the 2332 & 2328 Pleasure House Road, subject property abuts the Windsong Apartments, which have a density that's greater than is proposed on this property and has been approved for an even greater density. This is a conditional rezoning to develop an eight unit condominium for sale units, not apartments. They're very attractive, high quality units; the Bayfront Advisory Commission which recommended approval of this without any negative votes whatsoever. Their design committee we worked with them made some modifications and enhancements to the architectural elevations of the units. They were very, very pleased with the end product. As I said the density is 13.79 units per acre. That's the density; the A-18 is just per lot coverage. So it's more than four units below A-18 density. We have a total of 16 outside parking spaces and 16 garage parking spaces on site. So it's four for each unit, plenty of parking, one access to Pleasure House Road, we've got with the Windsong Apartment redevelopment, they will be putting extensive landscaping and fencing along our eastern boundary and our southern boundary. We are 1 landscaping the street frontage as well as the northern boundary where we are adjacent to a single family dwelling. But that is a part of the Windsong Complex. The staff did a great job working with us and as recommended approval of the application. The number of units, as I say, are less than what is around us, this would have made perfectly good sense as a rezoning with Windsong as it currently is. The redevelopment is going to take place is at a much higher density than is currently there. When that rezoning was going forward, it's my understanding that the Chesapeake Beach Civic League, which is not taking a position opposed to this, and they've been advised of this and the plans were provided to them initially and then after they were revised. They had indicated I believe that they, if Windsong had redeveloped at 18 units per acre they'd have been, you know, they would not have had any opposition. And again, this is at 13.79 units per acre. For sale units, not apartments, we've proffered that the units cannot be rented for any period less than 30 days. And when you do your lease or whatever, you know, you're still going to have people carry over it month to month so that's the reason for the 30 days but that's in here that it will be a condominium and the units will be for sale. Be happy to answer any questions that any of you may have. Mr. Wall: Thank you. Are there any, any questions for the applicant? Mr. Bourdon: Thank you. Ms. Sandloop: Mr. Wall, we have one speaker. And she is via WebEx, Kim Mayo, if you would wait two to three seconds, and then state your name and please start your comments. Ms. Mayo: Hello. Is my voice okay? Ms. Sandloop: Please begin your comments. Ms. Mayo: Okay. Hi, everyone. Thank you. This is Kim Mayo. I'm at Secure Court, which is directly across the street from 2332 Pleasure House Road. I want to welcome the new planning council members; I will be speaking today briefly in opposition to this proposal. It's only half an acre and they want to cram eight units in there. It's currently zoned for residential 7.5, not 18 apartment districts. They'll do very well in this market just selling as is, no need to pose a risk to others by changing zoning. Two wrongs don't make a right and 30-day rental sounds pretty short term to me as well.The City of Virginia Beach, including plans with planning council is required to adhere to the comprehensive plan last updated May 17th, 2016 with regards to zoning determinations. Comprehensive plan was unfortunately ignored on both Windsong and Westminster. And the results were a lawsuit against our great city and against developers by the abutters. The fact that these ever got approved is really troubling and embarrassing. Residents deserve to be respected and his plan should be followed. Nobody wants these lawsuits, and I also stand with area residents and the OP on opposition to Marlin Bay. Concerns about Pleasure House 2 Road echo during Windsong hearings are not minor. They include flooding. I've personally witnessed the area surrounding 2332 Pleasure House Road flood and flood badly many, many times. The project puts lives in danger, lives in danger with increased traffic as a result of the greater residential density, too many close calls with pedestrians, bicyclists, and moms with baby strollers on Pleasure House Road. And also there are concerns about decreased property values during the construction period. There would be a lot of noise, vibrations, odors, construction debris and reduced air quality for those with asthma for both this project and Windsong. Again in conclusion, we ask that you follow the comprehensive plan. Thank you so much for your time. I'll take my comments off the air. Mr. Wall: Thank you. Are there any questions? Alright. Does the applicant to rebut... Mr. Bourdon: I do have a couple of things, like to point out. The first is that as staff is recommended this is exactly in accordance with our comprehensive plan. And that's why it's being recommended. It's also why it's being recommended by the Shore Drive Advisory Commission. The other thing that point out is that directly across the street where Ms. Mayo resides on Secure Court that properties zoned A-18,there are nine units on it.And I don't know that it has any more land than this property has on it may have a slight amount more but it's a fraction, it's not, they don't have anywhere near an acre either. Same zoning, same density, and probably higher density than what this application involves. So it's—it's and the 30 days is just a minimum of these. If somebody there for sale, but if somebody rents out their unit, it will not be a short-term rental by restriction, that's the point. I'll be happy to answer any questions. Mr. Wall: Okay. Thank you. Are there any questions for Mr. Bourdon? Oh just one. Mr. Alcaraz: Mr. Bourdon your client already established or started the stormwater plan and going through the extent of that? Mr. Bourdon: Yeah, they've begun that but in this part of the city, we don't have to do the same level at before coming for entitlement because on a project of this, of this size to spend those 10s of 1000s of dollars but yes they will be able to do the — using filteras under the parking areas and the drive aisle, they'll be able to meet the requirements. Thank you. Mr. Alcaraz: Okay thank you. Mr. Wall: All right. I'm going to open the floor for discussion. Mr. Redmond. Mr. Redmond: Thank you, Mr. Wall. Well,first off, I support this application looks to me to be very appropriate application, I like the design, the site plan seems to be well thought out, I would only, I have no doubt whatsoever that with regard to stormwater, it will be nothing but an improvement because he's already told us what the measures would be.And I think everybody has to remember number one,Virginia Beach has 3 the most stringent stormwater regulations in the Commonwealth of Virginia, we looked at it probably be a whole bunch of other states nearby us, but it's us. And it is not an application that is ever going to get through site plan review. In this environment that's fall short of the standards that we've set. So I'm comfortable with the stormwater not just that it won't be a problem, but that will be an improvement to the site because it's far more modern and more intense than has ever been on the site before. And I also would point out at 13 units to acre, there are hundreds of units in this neighborhood, that are a density higher than 13 units to the acre, you can drive down Shore Drive and see three storey apartment complexes in very, very close proximity to this that are far, that are denser than this. I think this is a fine use of this property. It's well landscaped. And I particularly like the design of the buildings, so I think is a very high quality design. I bet you they sell quick; I bet it will be very nice places to live. So anyway, I will support it. Thanks. Mr. Wall: Okay. Mr. Inman. Mr. Inman: Yeah, I certainly agree what David says, this property is surrounded by denser uses. The highest best use of this property should be a higher density. We're basically only adding six residential units on the site. By doing this, they are very attractive;they've got excellent restrictions that Mr. Bourdon referred to that will be recorded. There won't be any short term rental in here and so I support the application. Mr. Wall: Okay, thank you. Anyone else? Oh, well, I've got a couple of things. One is, you know, I support the application too. I think it's attractive. I think it does fit the character of the neighborhood and along Pleasure House. So I'm in support as well. Okay. Mr. Redmond. Mr. Redmond: Mr. Chairman — Mr. Vice Chairman in his acting capacity as chairman, I move approval of agenda item number 14. Mr. Inman: I'll second it. Mr. Wall: Okay. Thank you. I've got a second. So Mr. Redmond makes a motion to approve. Mr. Inman makes a motion as the second, call for the vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. 4 Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner is abstaining. By recorded vote of six in favor and zero against with one abstention agenda item number 14 has been recommended for approval. Mr. Wall: Thank you. Mr. Bourdon: Thank you very much. AYE 6 NAY 0 ABS 1 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner ABSTAIN PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. 5 Proffer 1: When the Property is redeveloped, it shall be improved with an eight (8) unit residential condominium with fencing, landscaping and access substantially as shown on the exhibits entitled "CONCEPTUAL LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH, VIRGINIA", dated 10/27/2020 and "CONCEPTUAL PLANTING LAYOUT PLEASURE HOUSE ROAD DEVELOPMENT VIRGINIA BEACH, VIRGINIA", dated 10/27/2020, prepared by WPL, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter"Rezoning Exhibit"). Proffer 2: The architectural design of the buildings depicted on the Rezoning Exhibit will be as depicted on the exhibit entitled, "CONDOMINIUM PLANS PLEASURE HOUSE ROAD" — "ELEVATIONS", dated 11/1/20, (hereinafter "Elevations") with the primary exterior building materials being premium vinyl and architectural shingles. The elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. Proffer 3: When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty (30) days. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. Proffer 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable as they provide a high level of predictability related to the ultimate site layout, vehicular ingress/egress, landscaping, building architecture and exterior building materials. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. 6 Hoa N. Dao From: Kim Mayo <kimmayo79@gmail.com> Sent: Tuesday, May 4, 2021 5:13 PM To: Hoa N. Dao Cc: Robyn Klein Subject: Opposition 2332 & 2328 Pleasure House Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Planning Board, Here we go again. This is currently zoned for residential not A-18 apartment district and should remain as such. (hearing 5/12) As property owner next door we oppose this re-zone,too much density has caused traffic related safety concerns on Pleasure House Road documented during the Windsong hearing and diminished our proud charming neighborhood. We'll deal with City Council as If one could pour pavement on the blue waters of our Chesapeake Bay and build you'd surely allow it. The good ole boys and leader of the Planning Council didn't listen to us on Windsong especially that baldy from the Bayside District who was so rude to many of us. Only Robyn Klein did. Thanks again Ms. Klein. Chic's Beach will never forget how City Council& Planning Board voted and how many of us were treated which has only strengthened us. Let's hope some leadership changes happen soon. 12/31/2022. Sincerely, Kim Mayo Secure Court Chic's Beach 1 From: carol gallagher<trl.gallagher@gmail.com> Sent: Wednesday, May 5, 2021 12:25 PM To: Planning Administration<PlanAdmn@vbgov.com> Subject: 2332 and 2328 Pleasure House Road CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. My husband and I have lived off Pleasure House Rd. since 1983. We have seen the planning department approve too many high density zoning changes. We are overrun with condos and apartments that butt up to Pleasure House Rd. It's time to consider the residents! The traffic is so bad it is uncomfortable to walk or ride bikes down Pleasure House Rd. I heard one council member say she didn't see a problem. News Flash!!! She doesn't live in Chesapeake Beach! We want to go on record as opposing the rezoning. Carol and Todd Gallagher 4959 Athens Blvd. 757-761-8866 Sent from Mail for Windows 10 D y� / 22Rio " ,� o L. �% 1 as 1- ____ > /� 8 , — N� --oi---../ 0 000 b / V • N io L ���6 N c / co 45 / ` / (5' a) / ! N ,:0 iii) f., , 0� till .4- / aueiio 146aa Cors O/ , , 1 / cn a 7 / — a O%— r—i ;re/ P,Ila mil V a� Q� \ / J �L, ,,i,_ C (,) Al a far-- ,,' co .17. .. &.. j ' D' tic': iior____ ‘ I co 0 .,, e7 , \ N--k, i gift _ / *Pi / i 44*, 0 0 i / t I CNI ----------- . / // N' N. -- - —/ /i/ C6' /// - :b./ la 'L,1 gyp. it $ , //// , CN ,q7 , IIIIIII73 ca CO Cll\\\\ = / C a \� LIIII7T//' %? Q_ cA d N CO rS�'••�14441y g) _t SZ) � . isi tiv CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: JOHN'S GARAGE, LLC [Applicant] 5772 ARROWHEAD, LLC [Property Owner] Conditional Use Permit (Automotive Repair Garage) for the property located at 5772 Arrowhead Drive, Suites A& B (GPIN 1467030703). COUNCIL DISTRICT — KEMPSVILLE MEETING DATE: July 13, 2021 • Background: This is a request for a Conditional Use Permit to operate a 3,420 square foot Automotive Repair Garage. The auto repair business provides engine repair, oil changes, tire and brake service, and Virginia State Inspections. No changes are proposed to the exterior of the existing building. All work and storage of materials will occur within the building. The parking requirement is exceeded by six spaces on this site. The applicant is the only employee of the business. • Considerations: In Staff's view and the Planning Commission concurred, the Automotive Repair Garage is compatible with the existing light industrial uses surrounding the site. The site is located in the Newtown SGA and is recommended for long-term redevelopment into a series of mixed-use developments. Until the market forces result in a transition of this area, which has had many auto repair uses for decades, the proposed use is deemed acceptable. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 9, 2021 , the Planning Commission placed this application on the consent agenda passing a motion to recommend approval with a vote of 7-0. 1 . No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 2. There shall be no outside storage of equipment, parts, tires, or materials. 3. No motor vehicle repair work shall take place outside of the building. 4. No motor vehicles shall be parked within any portion of the public right-of-way. John's Garage, LLC Page 2 of 2 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 0 Submitting Department/Agency: Planning Department 7 City Manager: Applicant John's Garage, LLC Property Owner 5772 Arrowhead, LLC Agenda Item Planning Commission Public Hearing June 9, 2021 l c ay City Council Election District Kempsville 6 Virginia Beach Request Conditional Use Permit(Automotive Repair Garage) �� Staff Recommendation Approval Staff Planner Marchelle Coleman - Location 5772 Arrowhead Drive,Suites A& B GPIN 1467030703 Site Size -$ r 43,560 square feet AICUZ _ Less than 65 dB DNL _ T Watershed Chesapeake Bay ? I Existing Land Use and Zoning District ;',o,P ' .�"Y. 1 . Industrial warehouse/ I-1 Light Industrial ,�_ t.44• ` Surrounding Land Uses and Zoning Districts " -,` - ^ �. R Southern Boulevar. -.. r North - - Princess Anne Road ke ,� q F ,• Commercial /B-2 Community Business �, ``' w South a ' 1, Arrowhead Drive �'s• tea" .„ ,ti ; `; v ' Amc • Industrial warehouse I-1 Light Industrial East = . Industrial warehouse/I-1 Light Industrial k a Y `'Aar.:- , ., ' o' ' West 4 _ , Industrial warehouse/I-1 Light Industrial , ,. _ John's Garage, LLC Agenda Item 6 Page 1 Background & Summary of Proposal • The applicant is requesting a Conditional Use Permit to operate an Automotive Repair Garage on the I-1 Light Industrially-zoned parcel. During the process of obtaining a business license, it came to light that a Conditional Use Permit is required. • The Automotive Repair Garage, which occupies two suites within the industrial warehouse, has a total floor area of 3,420 square feet.The auto repair business provides engine repair,oil changes,tire service, brakes, and Virginia State Inspections. • According to the applicant,there will be no changes to the exterior of the building.All work and storage of materials will occur within the building. No body work or paint work will take place on the subject site. • Per Section 203 of the City Zoning Ordinance,one space per 900 square feet of floor area,or four spaces for this 3,420 square foot operation is required.The existing parking area consists of 10 parking spaces,exceeding the minimum parking requirement by six spaces. • The typical hours of operation are 8:00 a.m.to 5:00 p.m., Monday through Friday.The applicant is the only employee of the business. - /ram 7 ‘n, , - cli,i g • `Al 101 ` , l Zoning History . -A' -• -- pied- # Request A r �0"d+• . _ 1 CUP(Automotive Repair Garage)Approved 08/16/2017 / ' , , 1 , , 2 CUP(Automotive Repair Garage)Approved 10/18/2016 lr - L_: 3 REZ(1-1 to B-1A)Approved 04/05/2016 1 / / t":� ;" 4 CUP(Tattoo Parlor)Approved 11/17/2015 5 CUP(Cosmetology School)Approved 02/24/2009 r, , /--- i_ 6 CRZ(1-1 to Conditional B-2)Approved 10/28/1997 w ( ; '- . T-`�� --_, tr 7 CRZ(I-1 to 1-2)Approved 12/12/1995 ._ i, l XIITjj - �,>- a 4,t `"1 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation While the Newtown Strategic Growth Area Master Plan calls for long-term redevelopment of this area into a series of mixed-use developments, in Staff's view the proposed use is compatible with the existing light industrial uses surrounding the site. Auto repair uses have existed within this area of Virginia Beach for decades,and as such,the proposed use is acceptable until the market forces the transition of this area to the long-term vision established in the Newtown SGA Plan. No site improvements or changes to the building are proposed with this request.The parking provided onsite meets the requirements of Section 203 of the Zoning Ordinance. John's Garage, LLC Agenda Item 6 Page 2 Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building.All such vehicles shall only be permitted to be stored within the building. 2. There shall be no outside storage of equipment, parts,tires,or materials. 3. No motor vehicle repair work shall take place outside of the building. 4. No motor vehicles shall be parked within any portion of the public right-of-way. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance.A separate permit from the Department of Planning&Community Development is required for any new signage installed on the site. 6. There shall be no signs that contain or consist of pennants, ribbons,streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being located within the Newtown Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities, and a variety of civic, commercial, artistic, and ethnically diverse areas. Transformation of underutilized commercial properties into a series of mixed-use development opportunities and public infrastructure improvements are key initiatives in the Newtown SGA Master Plan.The Plan designates the subject property within the Arrowhead Industrial Park,which is characterized with a small concentration of one-story industrial buildings surrounded by residential uses, predominantly in the south of the industrial park.The Plan envisions these industrial uses to be relocated to more suitable areas of Virginia Beach to enable the transformation of the subject area John's Garage, LLC Agenda Item 6 Page 3 into new residential blocks and new neighborhood retail that will serve the opening of the adjacent Newtown light rail station. Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed.As the property is almost entirely impervious,there do not appear to be any significant nature or cultural resources associated with the site. Traffic Impacts There is no existing or proposed trip generation available for this site. Arrowhead Drive has no existing traffic counts. Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Arrowhead Drive, in the vicinity of this application, is considered a two-lane undivided local street. The roadway is not included in the MTP and no roadway CIP projects are slated for this area. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer service. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 3,2021. John's Garage, LLC Agenda Item 6 Page 4 City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27,2021 and July 4,2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28,2021. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9, 2021. John's Garage, LLC Agenda Item 6 Page 5 Site Layout '•\ . . .:,: ... ;r: . :V h p b C.CAce ?sow...) a f'r\! k k VN,AM�IO t t•‘ t . : """flit• _,._- - _1, iIIN .�..119 . 'is."f,.," • ` / i.‘e \./ gip, ry ,t 4II eesr. ,„/ 4 a �„ , ;...,v n W. Vt it z . co elif:it f '• . .0 t 41= i .r A - a iv ! ! 0: l• w li 1 • 1 1 f ei c g: • 1 is IS[ " '"-i e. 1 4% r t • .. ...,... !i.!..,, . ).. 1 . , 1 1 . ft . ! .. i 1 . . i? . , IP't a 4 I lit • J tie 1!! i 1 V / li I. i Ii!)i :11 11 .. .) i Vtri. _ i 0 L I,: ` \ i.v.........,:.'— .. is i 1 N. "1- fio a• - Ei. .4i I�sei.s,erw.e<u. S _r j. 1• 1'= }1.',-"+,,..:hlfr. ••~ llfii f= t — 'm '',Ft..." r, — /llik,' Y.iB s :`• ♦._'!s+t.�rY't Cam..__ (�(,(i1•j r• �3., . (�s[ssri)easay Aft, fs,,,..h..„..... C . 0 John's Garage, LLC Agenda Item 6 Page 6 Site Photos k $Its Au 757.497-4545 Pr, _.- a John's Garage, LLC Agenda Item 6 Page 7 Site Photos ' •pis ii' "' - , 3 ---_ _\ x c lat r 11 s 1 'f w John's Garage, LLC Agenda Item 6 Page 8 Disclosure Statement Disclosure Statement ('a y of Voginw Bmd, Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name John's Garage,LLC Does the applicant have a representative? ❑Yes E No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Owner-John V.Sweeney,II • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 I John's Garage, LLC Agenda Item 6 Page 9 Disclosure Statement Disclosure Statement 1/13 Cttg of OpoBeath Planning&Community -., - velopment Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes • No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1 Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes •No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 John's Garage, LLC Agenda Item 6 Page 10 Disclosure Statement Disclosure Statement ri3nnin &Crmtm-n'(>. Je el) r; 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?0 Yes FJ No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 1rl Nneo • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services ,inn/cg nnection with the subject of the application or any business operating or to be operated on the property?❑Yes I!� No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Ap 'ant Signature 1n V Sweent DYanu' Print Name and Title Zal µlhr&h 2021 Date �/ Is the applicant also the owner of the subject property? ❑Yes iG No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY!All disclosures must be updated two(2)weeks prior to any Planning Commission any y he;fr' ting' that pertains to the applications OD pad.a.as•t ; tie" 6/22/2021 Slpwn•e °rkitNeaw Marchelle L. Coleman Revised 11.09.2020 3 I P a g e John's Garage, LLC Agenda Item 6 Page 11 Disclosure Statement Disclosure Statement (14 of Virginia Planning&Community Development Owner Disclosure Owner Name 5772 Arrowhead,LLC Applicant Name John's Garage,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?I!Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Please see attached list • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity°relationship with the Owner. (Attach a list if necessary) N/A Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes I No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I John's Garage, LLC Agenda Item 6 Page 12 Disclosure Statement Disclosure Statement Vi3 Cvy of r'iryiniu Bauch Planning&Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ®No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes I No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ■ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes U No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 I John's Garage, LLC Agenda Item 6 Page 13 Disclosure Statement Disclosure Statement ray nj t;nnm,Burk Planning&Community Development _ ; tl 8. Is the Owner receiving legal services in cconyction with the subject of the application or any business operating or to be operated on the property?❑Yes t1Q rio • If yes,identify the firm and individual providing legal the service. Owner Signature certtfythat all of the Information contained In this Disclosure Statement Form it complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,lam responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBOA,CBPA,Wetlands Board or any public body or committee In connection with this application, 5772 head,LLC By: O ner Signature Paul H.Peck,co-manager Print Name and Tide 03/30/2021 Date John's Garage, LLC Agenda Item 6 Page 14 Disclosure Statement 5772 Arrowhead,ue Paul Pack Matthew R Nusbaum,Trustee Matthew R Nusbaum 2009 Trust dated 815r09,as amended N>si MmAssodates.LP. MilesB.Nusbaum Ann G Nusbaum,Trustee Ann G Nusbaum Trust,as amended Andrew S Nusbaum,Trustee Andreae S Nusbaum 2009 Trust dated 8'5r09,as amended Lindsay N.Davenport,Trustee Lindsay Ann Nusbaum 2009 Trust dated Fit 5/09,as amended Fad C Davenport,Trustee tad C Davenport 2012 Trust dated 7l27/12,as amended Rdiard M.Jacobson John's Garage, LLC Agenda Item 6 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. John's Garage, LLC Agenda Item 6 Page 16 Item # 6 John's Garage [Applicant] 5772 Arrowhead LLC [Property Owner] Conditional Use Permit (Automotive Repair Garage) 5772 Arrowhead Drive, Suites A& B June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Okay, thank you. The next item on the agenda is agenda item number six. John's Garage, LLC is the applicant. 5772 Arrowhead LLC is the property owner. They're requesting a Conditional Use Permit for an Automotive Repair Garage located in the Kempsville District. Is there a representative to speak on this item? Mr. Sweeney: I'm John Sweeney. Mr. Wall: Okay, thank you. Is there any opposition for this item to be placed on the consent agenda? Mr. Weiner: Thank you, sir. Mr. Wall: Okay, yeah. Hearing none, we've asked Mr. Inman to read this into the record. Mr. Inman: Thank you. This is, as stated, a Conditional Use Permit application located at 5772 Arrowhead Drive in Suites A and B. It is currently zoned industrial warehouse and I-1 light industrial and its surrounding properties are similarly zoned. The Automotive Repair Garage which occupies two suites within the industrial warehouse has total floor area of 3,420 square feet. The auto repair business provides engine repair, oil changes, tire service, brakes and state inspections. While the new town strategic growth area master plan calls for a long term redevelopment of this area into a series of mixed use developments. The staff views that the proposed use is compatible with the existing light industrial uses or surrounding the site. Auto repair uses have existed within this area for decades and as such, the proposed use is acceptable until the market forces the transition of this area to the long term vision established in the Newtown SGA Plan. No site improvements or changes up to the building are proposed with this request and parking on-site meets the requirements of the zoning ordinance.And consideration of these things, the staff recommends approval and we put it on the consent agenda. Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The Planning Commission also places the following applications for Conditional Use Permits for Short Term Rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the Zoning Ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan&Sara Bailey,agenda item 1 number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW Joint Venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay, just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. Ms. Sandloop: Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. lnman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. 2 Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25, 28, 31, 37, 38, and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. No motor vehicles in a state of obvious disrepair shall be stored outside of the building. All such vehicles shall only be permitted to be stored within the building. 2. There shall be no outside storage of equipment, parts, tires, or materials. 3. No motor vehicle repair work shall take place outside of the building. 4. No motor vehicles shall be parked within any portion of the public right-of-way. 5. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 6. There shall be no signs that contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 7. There shall be no portable or nonstructural signs or electronic display signs on the site. 8. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 3 Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 4 itL *v4cz D ' / CL , z --- ,.. .4- m ce 3 0 0 V \\ dm m I O , vo(> , , A --g-0' \. D 1 ©1 •�V i . Off ?0 -,-4. , c:_11)._ 1\ d1'�' o I,,e , # o )A ...„ , 0 0 • i, 41.4 G/ GA --- „,„, 1. -• o J W 0 I. �� Cl tr \> a) .d. - i L. .c \\ 0 CO 10� I 'L m ► .0 colk' \ i CIN �1 Cl Cy, L. N M 0 M IN = Ce or V LI qi U I _,, !it , , m \ L7 u, O L mo 0Q ,..c s m c cn ° O .5 (n CL N CO I I 0 - 0 WIli 1 i i I (! ffy si 4'- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 3323 SHORE DRIVE, LLC [Applicant & Property Owner] Conditional Use Permit (Commercial Marina) for the property located at 3323 Shore Drive (GPIN 1489882662). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 13, 2021 • Background: The applicant is proposing to construct two docks, each adjacent to the existing Bubba's Seafood and Shellfish Co. restaurants to accommodate the mooring of personal watercraft for customers dining at the restaurants. Timber stairs will be provided to access the restaurants from each dock. • Considerations: There are currently no plans to add additional seating or change the use of any structures located on the site. Joint Permit Applications were submitted for each dock; waterfront permit approval is pending the approval of the Conditional Use Permit. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. No additional restaurant seating shall be allowed on the proposed 12-foot wide docks for Bubba's Restaurant and Shellfish Co., unless a BZA variance or Parking Agreement are obtained to allow for additional seating. 2. A Joint Permit Application shall be approved by the Department of Planning and Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing 3323 Shore Drive, LLC Page 2 of 2 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. 61 Submitting Department/Agency: Planning Department 0 iS\\ City Manager: \i) Applicant& Property Owner 3323 Shore Drive, LLC Agenda Item Planning Commission Public Hearing June 9, 2021 City Council Election District Lynnhaven 19 City of Virginia Beach Request Conditional Use Permit (Commercial Marina) Staff Recommendation %---- Approval ,---- Staff Planner x Whitney McNamara n ceu i 'i R Gam M�nrY a� K' L Location Z P Road c i 3323 Shore Drive ,d° Cape„c Drive 1Sa^d o ° GPIN " if,/ Bast',Court 1489882662 Bann Road Site Size 30,762.80 square feet Island`"e AICUZ f 9 Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District _ . c�. V �� • y • t. Commercial Restaurant/B-4 Mixed Use `#y w.,- fir• r `• ,l• y Surrounding Land Uses and Zoning Districts ' .' Q .41 North ;• Shore Drive Shore Drive . •. ,. _ ? ... Multi-family dwelling /B-4 Mixed Use - 4 .`' -cape He.r`prive ,-,-,_� { South = 1 . , ,; 4S" . Lynnhaven River/Water .r _ East lV ,_ Commercial restaurant, marina/B-4 Mixed Use West Event Center/B-4 Mixed Use ar;*- 3323 Shore Drive, LLC Agenda Item 19 Page 1 Background & Summary of Proposal • The applicant is proposing to construct two docks,each adjacent to the existing Bubba's Seafood and Shellfish Co. restaurants to accommodate berthing personal watercraft of restaurant customers.The proposed dock for Bubba's will be approximately twelve feet wide by seventy five feet long.The proposed dock for Shellfish Co.will be approximately twelve feet wide by fifty five feet long.Timber stairs will be provided to access the restaurants from each dock. • A Joint Permit Application was submitted to construct the proposed dock at Bubba's Seafood Restaurant on April 7, 2020.A Joint Permit Application was submitted to construct the proposed dock at Shellfish Co.on May 5, 2020.The Waterfront permit is pending the approval of the Conditional Use Permit. • Two non-conforming restaurants are currently located on the subject property.There are no plans,at the present time,to add additional seating or change the use of any structures located on the site. • A Joint Permit Application was submitted in June 2018 to construct a roof and 410 square foot addition on the existing dock to expand outdoor seating at Shellfish Co.This request was approved in February 2021 to provide temporary outdoor seating during the COVID-19 pandemic; however,additional approval from Permits and Inspections and Zoning will be required to convert this area to permanent seating. • No improved or additional parking is depicted on the submitted plan; however, no additional parking needs are anticipated with this request because the owner is seeking to provide access to the restaurant for boaters. Zoning History %/1 �, t /� \ # Request « / r 1 MOD(Modification of Conditions)Approved 07/08/2014 ; `_ i4 ` CUP(Multi-family Dwellings)Approved 12/7/2004 2 MOD(Modification of Conditions)Pending Shore Drive ( °; CUP(Housing for Seniors and Disabled Persons) « _. Approved 06/16/2015 3 CUP(Motor Vehicle Rentals)Approved 08/09/1995 - VA 6 ' ' 4 CUP(Commercial Parking Structure) Indefiniately ;,p Deferred(10/10/2001) 5 MOD(Modification of Conditions)Approved 6/27/1995 �`• • MOD(Modification of Conditions)Approved 2/28/1995 7 CUP(Rental of recreational water vehicles)Approved 1 03/22/1994 6 CUP(Outdoor Recreational Facility—Parasailing) Approved 7/10/2007 7 CUP(Commercial Marina)—Approved 5/24/1994 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The proposed Conditional Use Permit for a commercial marina is acceptable.The Bubba's Seafood has been located on the property and operating as a restaurant for over 30 years. With the exception of the new docks, no physical changes 3323 Shore Drive, LLC Agenda Item 19 Page 2 to the property will occur and additional restaurant seating is not being proposed with this request. If additional seating is requested in the future,further review and additional variances will be required. Recommended Conditions 1. No additional restaurant seating shall be allowed on the proposed 12-foot wide docks for Bubba's Restaurant and the Shellfish Co., unless a BZA Variance or Parking Agreement are obtained to allow for additional seating. 2. A Joint Permit Application shall be approved by the Department of Planning and Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Suburban Area,which the Comprehensive Plan designates to be preserved and protected. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods," which depicts a stable and sustainable neighborhood supported by complimentary non-residential uses. New developments can achieve the "Great Neighborhoods" principle with careful consideration to the mix of land uses,site and building design, multimodal transportation, and environmental responsiveness. The Comprehensive Plan contains refined planning and development guidance for designated suburban areas, known as the Suburban Focus Areas (SFAs).SFAs offer land use guidance or recommendations to advance the City's objectives in improving the quality of land use and revitalizing certain suburban areas.The Shore Drive Corridor SFA has been designated as one of the SFAs,and the subject property is located within the Shore Drive Corridor SFA. Per Section 1700 of the City's Zoning Ordinance,the Shore Drive Corridor Design Guidelines (2002)are applicable within the Shore Drive Corridor Overlay District and is considered a document adopted by reference within the City's Comprehensive Plan.The Shore Drive Corridor Design Guidelines serves as a guiding document for the Bayfront Community to encourage design consistency and land use compatibility for residential and non-residential developments. Per the Shore Drive Corridor Design Guidelines,the property is designated within the"blue zone"section of the corridor. Such designation is primarily zoned for resort commercial uses,such as lodging, entertainment, retail, recreational,and cultural uses. Per the Design Guidelines,the proposed dock shall be designed and constructed for consistency and compatibility with the existing restaurant's architectural design and the desired character of the community.The proposal to construct a timber dock for the existing restaurant further supports the general use envisioned in this area and,therefore,found consistent with the Comprehensive Plan and the Shore Drive Corridor Design Guidelines. 3323 Shore Drive, LLC Agenda Item 19 Page 3 Natural & Cultural Resources Impacts The site is located in the Chesapeake Bay watershed and in the Special Flood Hazard Area designed as AE (areas with a 1%annual chance of flooding)with a base flood elevation of 7 feet NAVD 88. Because the proposed docks are located over water and considered water dependent,there are no flooding concerns.There are no known significant cultural resources associated with this site. Traffic Impacts Due to the water-based nature of the proposed project,there are no anticipated vehicular traffic impacts associated with this request. Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer services. Public Outreach Information Planning Commission • The applicant/applicant's representative met with the Bayfront Advisory Commission on May 20, 2021 to discuss the details of the request. According to the applicant,the Bayfront Advisory Commission found the proposed docks consistent with the Shore Drive Corridor Guidelines. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, June 27, 2021 and July 4, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9, 2021. 3323 Shore Drive, LLC Agenda Item 19 Page 4 Proposed Site Layout WO ISM. osIllaiist.. • A Ml1YCD3 WO AI ]m �� 311'3AMO 321OHS£E£E ro g• 6 'o,: _ Bof .Ba., . row.p�M3v LBIHX31Nt13d 3S11 MiOWONoo MA LA. .1. 1 \ILC\2'' pppgg! t R 1 S c c I �r ...e'' \ \ ;. '.1.,,,-.; 1. • M \ a Z \ T- ;a' - -- �. _ : • 1�_ I ° ®tom F"- .._. . -.._ . -----41 i,.. -,.. I -•.„-•<> I I i! I . ,. ih r: '1 i _ L t / . I ' 1 ,�qr. 1 ny 1f A �Jr I J 1 -� III it • __ - --L. / `+ � • ll $1 'I I rI 3323 Shore Drive, LLC Agenda Item 19 Page 5 Proposed Elevation Plan EXIST. / 12'-O" +/- /80'-O" TO STRUCTURE CL. OF F.F. ELEV. 1 PROPOSED CHANNEL =(+9.1') DOCK F.F. ELEV. F F ELEV. (+6.60') = (+3.60') I 1 I l 1 1 I I 1 I l I I I -g Au MHW ELEV. = (+0.94') X ta-A Q R g 1 1 4.1 MUDLINE - - ` _ -I` ` MLW ELEV. DEPTH AT MLW — 0. = (-1.49') 2'-0'± MIN. DEPTH AT \` SECTION AT PROPOSED DOCK LLW 4'-0"t 3323 Shore Drive, LLC Agenda Item 19 Page 6 Site Photos -3 11111r -i-:' -',- 'A '-11111P I 'r Illhopiiiiiiiii ,. ...,... , .. .. \ Si- _,........7-,, . . it- hi • 1 1. li - '.limo ig ,„,.... ---- , . . . . • 1 ., i --ii rlii w ',--, 4- --- -------- ..,, '9•IN , ...„, .., ,., ,i. ..r.......s _........_ ..__ ,__:._ ., 4. ' .L.. -...'w- - ... . .. . ,..,w' - - - _,-,'--,-'--• ----------- --- _.„. - ---74".• r: -' 40. ::_,r7- .-..-. .. ' -•-,-: .' • -...-7-. .., --.`_.. ,...• ,--. 'A..., f•-..,,,t- .. , -r. . ---•- tr......- ..-..." , :-.7. _ ''''' 4.1',-- . -•"--.". •:.i•-1'.... 7,- ....-.61"."-1' -''-' - ,_iiie,-- - *- • IIIIIIIIIIIIIIMIIMIIIIMIMIIIIIMIIIIIMIIIIIMIIII"N ..-- ' ....---...-- ' 4• 1,11__ -.-•,:.---.-- - WS.' I . ' . -- ' ' L ' OMNI • is. Los w.f.,. ; ., • -- _f77- ''' t t''' mjcp,migniiIIIMIIIIMINIIIII , ........._, ...kW,a...1.7:..........Itl... 111.!*.d.' -Z._ _._ •-'4'...'-:-.. '- , ..,;,,-.-,-,:_,.'".:"...... .4-PZ.1:%-.Z,-'- •-,7,:;"' <<Z,`,:_ -, r-- '1,..--7.7'....".•••:--,TA.."7--:-....5.. --.-. '...,--.'''.--r--.-''.,',. -‘'" ..< -- . - ----'....'•••'-- - ....,:,..,-',..;<.; -,Z..:.__-‘-`..._....,._,...,_... ..__ - .„._,_ _ .._......_..._,._ _ .•,.-- -. .- -,-..... ''''''''- --:--•,:. ''''' --, ---- .... . 3323 Shore Drive, LLC Agenda Item 19 Page 7 Site Photos [� ,rf�ryri, l - 1 P:"-%.:OLI 4/,,II! Ighli11111,1ffilrtlii Milf_11/917,111:Fli:::_k.-LI_'_ .....,__.:_ , .-....._t--1-0wi ,.." .v . -ate . ,• "- — 4=�z--i Q 7.' • tt }. • no n fu a II mg R !t n on i ilk NI brag i. dFw1a1' fan :.. 1 _ , 1,.1,!:----_'El:IA.'_:,-:e11111111111111011 1ff1101 1911it „k. J,' so.'" la Algiik-," Ap --- -,,...,-.,. - .., 4 i • 3323 Shore Drive, LLC Agenda Item 19 Page 8 Disclosure Statement Disclosure Statement fly y Vermin Rood, Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name 3323 Shore Drive,LLC Does the applicant have a representative? •Yes ❑No • If yes,list the name of the representative. Hoggard-Eure Associates,PC(Attn:Chris Stubbs,PE) Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?if Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Dimitri Hionis,President Josee Hionis,Vice President • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Lynnhaven Fishing Company,LLC Lesner Inn Catering Club,LLC '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner In one entity Is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11 3323 Shore Drive, LLC Agenda Item 19 Page 9 Disclosure Statement ., losuretement Car efiNvirit,h Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes It No • tf yes,what is the name of the official or employee and what Is the nature of the Interest? Applicant Services Disclosure 1. Does the applicant have any existingfinandng(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes •No • If yes,Identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes PI No • If yes,identify the company and Individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?a Yes 0 No • If yes,Identify the firm and individual providing the service. Zukerman&Associates (Attn:Ted Coln.) 4. Does the applicant have services from en architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?r Yes ❑No • If yes,identify the firm and individual providing the service. McPherson Design Group(Attn:Greg Gerling,PE) 5. Is there any other pending or proposed purchaser of the subject property?❑Yes U No • it yes,identify the purchaser and purchaser's service providers. ,dseri:_Ds.20e. 2 l Pap 3323 Shore Drive, LLC Agenda Item 19 Page 10 Disclosure Statement Disclosure Statement Planning&Communit} Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the company and individual providing the service. Sandbridge Marine 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?N Yes ❑No • if yes,identify the firm and individual providing the service. Hoggard-Eure Associates,PC(Attn:Chris Stubbs,PE) 8. Is the applcant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IN No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ✓ A v "" Applicant • Sig lure 11 \j f_e z -�- I ©n Print Name and Title l Date �-��----- --- --_ --_._. -. — -------- Is the applicant also the owner of the subject property? N Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date I 6/24/2021 'Ina"' Wes3. „ I PR" : .. Whitney McNamara 3) 3323 Shore Drive, LLC Agenda Item 19 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 3323 Shore Drive, LLC Agenda Item 19 Page 12 Item # 19 3323 Shore Drive, LLC [Applicant & Property Owner] Conditional Use Permit (Commercial Marina) 3323 Shore Drive June 9, 2021 RECOMMENDED FOR APPROVAL-CONSENT Mr.Wall: Okay,thank you Mr. Horsley. The next item on the consent agenda is agenda item number 19, 3323 Shore Drive LLC. Requesting a conditional use permit for a Commercial Marina located in the Lynnhaven District. Is there a representative for this item? Mr. Faduro: Good afternoon. I'm Ray Faduro representing the applicant and the property owner for the item 19 and we will take it as it stands with the recommendation. Mr.Wall: Okay,thank you. Mr. Faduro: You can ask any questions if you need. Thank you. Mr.Wall: Are the—are the two conditions acceptable? Mr. Faduro: Yes, they are. Mr.Wall: Okay.Thank you, sir. Mr. Faduro: Very much. Mr.Wall: Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Coston to read this into the record. Mr. Coston: The applicant is proposing to construct two docks each adjacent to the existing Bubba's Seafood and Shellfish Company restaurants to accommodate birthing personal watercraft of restaurant customers. The proposed dock for Bubba's will be approximately 12 feet wide by 75 feet long. The proposed dock for Shellfish Company will be approximately 12 feet wide by 55 feet long. Timber stairs will be provided to access the restaurants from each dock.A Joint Permit Application was submitted to construct the proposed dock at Bubba's Seafood Restaurant on April 7th, 2020. AJoint PermitApplication was submitted to constructthe proposed dock at Shellfish Company on May 5th, 2020. The Waterfront Permit is pending the approval of the conditional use permit. The staff recommended approval and the Planning Commission concurs therefore,we've placed this on the consent agenda. Mr.Wall: Okay, thank you. That was the last item on the regular consent agenda. The planning commission also places the following applications for conditional use permit for short-term rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff and Planning Commission support 1 the applications and there are no speakers signed up in opposition. These include agenda item number 28 Dan & Sara Bailey, agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles.Those were the last items on the short- term rental consent agenda. Mr.Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr.Weiner: Just read the numbers. Mr.Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr.Weiner: We have a motion by Mr.Wall. Do we have a second? Mr.Alcaraz: Second. Mr.Weiner: We have a motion by Mr.Wall and second by Mr.Alcaraz, we are ready to vote. Ms. Sandloop: Mr.Alcaraz. Mr.Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent, Mr.Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr.Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr.Weiner: Aye. 2 Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20, 21, 24,25, 28, 31, 37, 38,and 39 have been recommendedforapproval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. No additional restaurant seating shall be allowed on the proposed 12-foot wide docks for Bubba's Restaurant and the Shellfish Co., unless a BZA Variance or Parking Agreement are obtained to allow for additional seating. 2. A Joint Permit Application shall be approved by the Department of Planning and Community Development and a building permit obtained from Permits and Inspections for each dock prior to beginning construction. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 3 0917 00t7 OZ£ OiZ 096 09 017 0 6uipiin8 iaad 6uiuoZ s suo6Alod Apadoid , 1 M paenainos yeas eiu!Bi!A Z 1.1.£ a}�S NV A' o�ny uee ueai v A N N 4V id �__ Z8 Z8 \\ .� ��— i ga;Dj \\ s_ 1 �alno9 I ZE8 �e► fa to 0 Z8' uo�as / a nog -- � Tr pa�en 1 Z8 .\ , C=\--- s4.,4, 6 ,---11 ' D,C:13°\csTh Cli 0 .D ,13 0cse 0 § 011 , \\/ ______ \Ytt) \27: 0 [1 1 K ;k/60 ,; . 0,4, � - . o zed0 •141 � D �.� . i. oo � o s, jott • O .\cn)c,—\ \\1 1, 4/5 121 6, Qg‘' ° , �p1 ! ta < v 3 ° 0 0 co")y -, t ; 14:.4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREEN CLEAN AUTO WASH [Applicant & Property Owner] Conditional Use Permit(Car Wash) for the property located at 3112 Virginia Beach Boulevard (GPIN 1497153700). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: July 13, 2021 • Background: The applicant seeks to redevelop the 1 .19-acre site with a 4,500-square foot car wash facility with 18 vacuum stations. The property was previously occupied by a financial institution and bulk storage of automobiles. The site with frontage along Virginia Beach Boulevard is zoned B-2 Community Business District and is located within the Lynnhaven Strategic Growth Area (SGA). The modern-style building design consists of an exterior of fiber cement lap siding, brick veneer, aluminum awnings, and a flat roof. As the property is within the SGA, an allowable reduction in the building setback to 19 feet along Virginia Beach Boulevard is depicted on the submitted plan, per Section 283(c) of the Zoning Ordinance. Pedestrian access pathways connecting to public sidewalks are also planned and depicted on the plan. • Considerations: The reduced setback from the Virginia Beach Boulevard right-of-way enables the location of activities and parking to be at a greater distance from neighboring properties. This reduction, the design of the building, and the pedestrian pathway connections to public sidewalks are all consistent with the recommendations of the Lynnhaven SGA Plan. As designed, the proposal will result in a reduction of conflict points along the rights-of-way as the number of vehicular ingress/egress points will be reduced from five to two, thereby improving vehicular and pedestrian safety. The proposed redevelopment includes plantings in excess of the minimum landscaping requirement with a 15-foot wide buffer with a row of evergreen trees and an eight-foot high vinyl fence along the northern property line where the site abuts residentially-zoned properties. A row of evergreen trees will also be installed along the parking area to help screen and buffer noise from the vacuum stations. Additional foundation plantings and streetscape plantings are also proposed. Green Clean Auto Wash Page 2 of 3 The Planning Commission recommends approval of the request with the addition of Condition 10 that requires additional noise attenuation be installed, specifically to reduce the noise of the automatic dryers when vehicles exit the car wash and to extend the building wall by 10 foot long by six feet high along the exit. The additional condition is indicated by underlined text noted below. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 9, 2021 , the Planning Commission passed a motion to recommend approval of this request by a vote of 7-0. 1 . When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Proposed Retail Development— Green Clean", prepared by Kimley-Horn, revised May 24, 2021 , which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the exterior of the convenience store building shall substantially adhere in appearance, size and materials to the elevations entitled, "Green Clean Auto Wash," prepared by SBA Studios Architectural Design, dated April 29, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the property is developed, the monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "Exterior Monument Signage", dated May 7, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the "15-foot Cat. IV Landscape Buffer", along adjacent properties that are residentially zoned, evergreen trees shall be installed at a minimum of six (6) feet in height and be allowed to grow and be maintained at a height of no less than ten (10) feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four feet; b. As depicted on the plan, the row of evergreen trees along the northern parking/vacuum stations shall be installed at a minimum of six (6) feet and be allowed to grow and be maintained at a height of no less than eight (8) feet. Green Clean Auto Wash Page 3 of 3 A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Landscape Architect. Any dead, diseased, or dying plantings shall be replaced by the next planting cycle. The privacy fence shall be maintained in good condition. 5. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 6. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. daily. 7. All light poles shall be no taller than 14 feet in height. 8. The hoses and poles for the vacuum system shall be of a neutral earth tone color. 9. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 10.Noise attenuation shall be installed to reduce the noise of the automatic dryers. In addition, a ten (10) foot long by six (6) foot high wall shall be installed along the exit of the automatic car wash facility, as approved by the Director of Planning. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depa ment/Agency: PlanningDepartment P City Manager:. / Applicant & Property Owner Green Clean Auto Wash Agenda Item Planning Commission Public Hearing June 9, 2021 City Council Election District Lynn haven City of Virginia Beach Request Conditional Use Permit (Car Wash Facility) Staff Recommendation #_�, , / // ` , , , Approval erti 7 \ c4 \ Tc.° a"-,.. Staff Planner < 44k, b , y N Ednborgn Dr •-" y \ h s ,\ s .P C. Location thaven Road a�''P 3112 Virginia Beach Boulevard r a sa GPIN o y 1497153700 m 1 • Site Size ,0aeau 0,7— 1.19 acres AICUZ ` j r Pinewood Drrvs 1� 65-70 dB DNL; Sub-Area 3 WarrenPlac• Watershed 9 e°e, 9� 'y Chesapeake Bay ,�e an�4lane Oa�ocaO 2EG tr. �n Existing Land Use and Zoning District Bank/B-2 Community Business Surrounding Land Uses and Zoning Districts North -r• f Single-family dwellings / R-7.5 Residential g � ` c) South Virginia Beach Boulevard f \ ` Mixed retail/B-2 Community Business A " a' ,.""'' East 9.„�,,,� or;�e-4n" 1, • Car dealership/ B-2 Community Business ;tl # , t p West �_►r Kings Grant Road Mixed retail/ B-2 Community Business - , • • Green Clean Auto Wash Agenda Item 11 Page 1 Background & Summary of Proposal • The subject site is zoned B-2 Community Business and is located within the Lynnhaven Strategic Growth Area in the Lynnhaven District.The property falls within the Sub-Area 3 and 65-70 dB DNL noise zone of the Air Installation Compatible Use Zones(AICUZ). • The 1.19-acre site was formerly occupied by a financial institution on the western half and used for automobile storage on the eastern half.The automobile storage yard was done without a Conditional Use Permit approval. • The applicant seeks to redevelop the site with a 4,500-square foot automated car wash facility with 18 vacuum stations. • The proposed car wash facility is designed as a modern-style building with a flat roof and an exterior of fiber cement lap siding, brick veneer and aluminum awnings.The dumpster enclosure matches the architectural materials of the car wash building. • The submitted site layout depicts the building fronting Virginia Beach Boulevard with the parking and vacuum stations located behind the building.A 15-foot wide buffer with Category IV landscaping and an eight-foot high privacy fence is proposed along the northern property line,where the property abuts residentially zoned properties to the north. Plantings are proposed along Virginia Beach Boulevard, Kings Grant Road,and the northern property line.The proposed plantings exceed the requirements of the Zoning Ordinance. • A 71/2-foot tall, monument-style freestanding sign with a brick base is proposed near the intersection of Virginia Beach Boulevard and Kings Grant Road. • Pedestrian connectivity is provided on Virginia Beach Boulevard and Kings Grant Road. In addition,a five-foot pedestrian sidewalk is proposed along Kings Grant Road. • Per Section 203 of the Zoning Ordinance, a minimum of three parking spaces are required for the proposed use.The submitted layout shows 18 parking spaces,exceeding the parking requirement by 15 spaces. • The proposed redevelopment of the property includes a reduction in the number of entrances along Virginia Beach Boulevard and Kings Grant Road from five to two. Zoning History ' \\ o,, �,•/. # Request 4/ - \\‘,4„, , . \\ 0 1 CUP(Tattoo Parlor)Approved 07/10/2018 a \\ CRZ(R-7.5 to Conditional B-2)Approved 01/04/2005 \ 2 MOD(Motor Vehicle Sales, Rentals, Repair;Car Wash _ � 4 ,- Facility)Approved 06/05/2018 \ Iv. "N_. � ' CUP(Car Wash Facility)Approved 10/17/2017 t„_c /� 0 1 0 �; ' MOD(Motor Vehicle Sales, Rentals, Repair)Approved � ' % - 10/17/2017 �_- »;"', s= 0,0' � \— ---' CUP(Motor Vehicle Sales, Rentals, Repair)Approved 6 `- - 01/12/2000 se neouww° 3 CUP(Tattoo Parlor)Approved 12/05/2017 won••° ,� 2 4 CUP(Open Air Market)Approved 03/01/2016 __�� 3 ?_ e CUP(Motor Vehicle Sales&Service)Approved _ 12/09/2003 1 r t 11, 5 CUP(Religious Use)Approved 05/26/2009 [ 6 CUP(Motor Vehicle Sales&Service)Approved 07/06/2004 Green Clean Auto Wash Agenda Item 11 Page 2 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance STR—Short Term Rental Evaluation & Recommendation As the property is located within the Lynnhaven Strategic Growth Area,the applicant is taking advantage of the optional reduced setback along Virginia Beach Boulevard,as provided in Section 283(c)of the Zoning Ordinance.As Staff believes the reduced setback meets the criteria of this section,the reduced building setback from Virginia Beach Boulevard from 35 feet to 19 feet is recommended for approval.The reduction also aids in locating the building and other components of the proposal as close to the right-of-way as possible and as far away as practicable from the dwellings to the north. Staff finds the proposed building to be consistent with the guiding principles of Lynnhaven SGA Plan and incompliance with Section 283(c)of the Zoning Ordinance for reduce setback from Virginia Beach Boulevard. Specific principles being met with this proposal include the use of neutral colors, high-quality architectural design,and promotion of walkability with a pedestrian access pathway connecting to public sidewalks. In addition,the redevelopment will provide a convenient service for the community and is a compatible use for property located within the Sub-Area 3 and 65-70 dB DNL noise zone of the Air Installation Compatible Use Zones(AICUZ). Though the automobile centric use is not ideal for the Lynnhaven Strategic Growth Area, it does provide a redevelopment opportunity for the site.As noted above,the proposal does limit vehicular conflicts and greatly improves the site. The proposal includes an eight-foot tall high-quality vinyl molded fence to screening the adjacent residential properties to the north from the auto-related activities on this site.Along with the privacy fence, a 15-foot wide landscape buffer consisting of a row of evergreen trees and shrubs is proposed along the northern property line,thereby exceeding the minimum requirement.A row of evergreen trees is also proposed along the parking area to help screen and buffer noise from the vacuum stations.A more detailed review of all screening and planting requirements will occur during final site plan review.To further reduce the potential of noise to the residences,the entrance and exit of the car wash facility is oriented east and west that faces away from the residentially zoned properties. As mentioned above,the number of ingress/egress points will be reduced from five to two. This improves traffic movements and reduces the potential for conflicts. The existing three vehicular access points along Virginia Beach Boulevard will be reduced to an ingress only access point and the two vehicular access points on Kings Grant Road will be reduced to one.As proposed,the reduction in the number of access points,sidewalk installation on Kings Grant Road,and pedestrian connectivity to public sidewalks improve both vehicular and pedestrian safety for the site. Based on the considerations above,Staff recommends approval of this request subject to the conditions noted below. Recommended Conditions 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Proposed Retail Development—Green Clean", prepared by Kimley-Horn, revised May 24, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. When the property is redeveloped,the exterior of the convenience store building shall substantially adhere in appearance,size and materials to the elevations entitled, "Green Clean Auto Wash," prepared by SBA Studios Green Clean Auto Wash Agenda Item 11 Page 3 Architectural Design, dated April 29, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. When the property is developed,the monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "Exterior Monument Signage",dated May 7, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 4. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the "15-foot Cat. IV Landscape Buffer", along adjacent properties that are residentially zoned,evergreen trees shall be installed at a minimum of six(6)feet in height and be allowed to grow and be maintained at a height of no less than ten (10)feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four feet; b. As depicted on the plan,the row of evergreen trees along the northern parking/vacuum stations shall be installed at a minimum of six(6)feet and be allowed to grow and be maintained at a height of no less than eight(8)feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Landscape Architect. Any dead, diseased,or dying plantings shall be replaced by the next planting cycle.The privacy fence shall be maintained in good condition. 5. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e)of the Zoning Ordinance. 6. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. daily. 7. All light poles shall be no taller than 14 feet in height. 8. The hoses and poles for the vacuum system shall be of a neutral earth tone color. 9. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon,other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator,or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows,or on the doors.There shall be no window signage permitted.The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 10. Noise attenuation shall be installed to reduce the noise of the automatic dryers. In addition,a ten (10)foot long by six(6)foot high wall shall be installed along the exit of the automatic car wash facility,as approved by the Director of Planning. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. Green Clean Auto Wash Agenda Item 11 Page 4 The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Lynnhaven Strategic Growth Area, which the Comprehensive Plan designates as one of the eight urban areas in the City that envisions a vertical mix of urban uses, urban streetscapes, pedestrian connectivity, mobility and transit alternatives, urban gathering places, land use patterns that foster economic growth through efficient use and reuse of land, neighborhood protection, "green" building and infrastructure opportunities,and a variety of civic, commercial, artistic,and ethnically diverse areas. Lynnhaven SGA is attractive to businesses seeking easy access to transportation and serving the vast residential areas surrounding it. It offers an 1-264 interchange, including new on-off ramps to London Bridge Road,three major crossing arterial connections,and a potential future transit stop. It also has the potential to serve the city as an innovative industrial and service industry zone,while maintaining existing affordable housing for first-time homebuyers and seniors in the established neighborhoods of Eureka Park and Pinewood Gardens. The master plan for the Lynnhaven SGA envisions a series of mixed-use and flexible developments along with targeted public infrastructure improvements.The under-performing commercial properties will have the opportunity to transform themselves into higher intensity uses to, in some cases,take advantage of the potential of transit,and, in other cases,to preserve and provide access to the Lynnhaven River. Furthermore,the Lynnhaven SGA plan designates the subject area as retail use that will continue to be desirable highway-oriented retail designations, particularly along Virginia Beach Boulevard.Two to three stories are the maximum height permitted in the subject area. Additionally,the Plan has identified six character areas that are envisioned to represent varying quality and character of development of the designated areas.The subject property is designated within the "highway-oriented retail" character area. Redevelopment of the existing retail buildings and adjacent uses along the boulevard are recommended to be designed as small retail buildings or office buildings with parking in the rear of the lots. The preference for small retail or office buildings will provide a more reasonably scaled street frontage,while remaining easily accessible and visible to traffic along the boulevard. Requesting to operate a car wash facility within the subject area is,therefore, consistent with the designated "highway-oriented retail" character of this section of the Virginia Beach Boulevard. Natural & Cultural Resources Impacts The site is located within the Chesapeake Bay watershed.There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 29,219 ADT 34,940 ADT 1(LOS o`fC") 56,240 ADT (LOS D ) Existing Zoning 2—211 ADT Kin s Grant Road 1,800 ADT1 6,200 ADT 1(LOS 4"C") Proposed Land Use 3-4,500 ADT g 9,900 ADT 1(LOS 4"D") 'Average Daily Trips 2 as defined by an 2,100 square 3as defined by an automated car °LOS=Level of Service foot bank wash facility with 1 bay Green Clean Auto Wash Agenda Item 11 Page 5 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The existing infrastructure currently resides in an approximate 145-foot right-of-way. The MTP proposes an eight-lane facility within a 190-foot right-of-way. There are no roadway CIP projects slated for this area. Kings Grant Road in the vicinity of this application is considered a two-lane undivided collector roadway. The existing infrastructure currently resides in an approximate 50-foot right-of-way. It is not included in the MTP and there are no roadway CIP projects slated for this area. Public Utility Impacts Water&Sewer The site currently connects to City water and sanitary sewer services. Public Outreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on May 10,2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021 and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 2021. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9,2021. Green Clean Auto Wash Agenda Item 11 Page 6 Proposed Site Layout _ Ie 11@o r ..ell I ,!...: ac .• ••••• \ ' id ll'I - may, ; .# %' •All' 4: J r' i . ; x�` 1 • a 1 } / / `is lC / ■: kl ,,,:,--,--,iTsiio.t,-- T., ,,-'-;--.•„ :''-:-:,, / il i re , !!,-... ,,, ..i.. . it:44:./ ; T :. o ,a _J - . - 1 /` i 1k • S <, �1 'mil/ft .-,-- ..1•••• \ % „. �- --� s ' 1 ink1 It 1 \ 1 1 1 1 Green Clean Auto Wash Agenda Item 11 Page 7 Proposed Elevation Plan o _ i_ , . E I ., ,,, . 1 ..,„ , .. , ,,.. F t , . 4 i _r„,,,,, _., „.1. zi.; 0, ,.._21 . 1 0 abt .___________ M Q El , N g C ti CV i Green Clean Auto Wash Agenda Item 11 Page 8 Proposed Elevation Plan _ �� w I i 3�x f! N W 1 ilk I z« m- i t �.; U! r rc O r . II; , N. LI by I. j sii : ;:1- 0 w r_ : + _ .. G :., I .' ' .. - ,0 n A _ ,, . I. 0. 111 c , 1 • 1 Green Clean Auto Wash Agenda Item 11 Page 9 Proposed Monument Sign I' , f ir ..„ 1414 110.1111.••••••••• G teen lean 4,-,-.74e-ozaixifdiFig-ix-- ,4 flUTOWflSII c, j A , 4 41 NA i • 1 • - 4 LIMLS I CNVL SILL —EP HENRY 8n431116 CMU P.4SF SIGN Proposed Pay Stations ,,,,, e 9`- , Ailli ......,.: , ,./, ' -- , 14/ ....... 0 er:: ro ftil F � ..........7 7,,e,,i .z . Green Clean Auto Wash Agenda Item 11 Page 10 Proposed Vacuum Stations Vacuum Schematic and Elevation • Vacuum Booms will be of a neutral color to comply with the intent of the Lynnhaven SGA 4' 1.I:.. F".'t. 11/ :uE vI :E , TOOL qt) • HOLDER 1:: • 1 I I `M� I 1 i • i . 4 �• y' ,�•� Fan CM' l "4 Green Clean Auto Wash Agenda Item 11 Page 11 Proposed Fence r..fi ,� M ili `.( 'A...... • `{.t i. _ f•- w • iy, :y Z F } f u fq, Q S 0 C i-- rr 0 wo au w w ma j 0 Qz va z w Op F + ill W 1 ' ! - ' —_ t=I) AY ` lit , 4 s t f 4 J a n c z w J VI d 4 �. �. > t H o -ca a. C - w3 o w ..�.. + <-.t ++fir•. . - w Q a I- CI W w G ■ N ■ _ J a. n7 M • VIZ w W ID 0 M ■ a a a • -- / - r-- - _ Green Clean Auto Wash Agenda Item 11 Page 12 Site Photos r ' A } 41 , :-'?;•:-:‘Att4,=1,' t . - f a-=r- = r f^4 . Green Clean Auto Wash Agenda Item 11 Page 13 Site Photos ... ,r Y4.'{. .` 4 • • Source:Google Street View v ' t- ais - ,,.. =4 12 S .,,. ..,,,,,, ,140004 , _ _,. iT _+ F 4 1 ‘ y h l ',,+ Lf • *� x .r _ 5, >�� - . ' f ` �.. "" Green Clean Auto Wash Agenda Item 11 Page 14 Disclosure Statement Disclosure Statement City of Virginia Bind, Planning&Community ,...-_ Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Geer Clear -oldrrgs LLC Applicant Name Does the applicant have a representative? •Yes ❑ No • If yes,list the name of the representative. Kimley-Horn-Greg Schmitt,P.E. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Shawn Everett,Craig Van Bremen • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity relationship with the applicant. (Attach a list if necessary) Green Clean Holdings LLC,Evergreen Car Wash Ventures "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09 2020 1 Green Clean Auto Wash Agenda Item 11 Page 15 Disclosure Statement Disclosure Statement City of Virginia Bash Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?D Yes 11 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ▪Yes ❑ No • If yes,identify the financial institutions providing the service. TBD 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? •Yes ❑ No • If yes,identify the company and individual providing the service. Thalhimer-Wick Smith 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑ No • If yes,identify the firm and individual providing the service. TBD 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?t Yes D No • If yes,identify the firm and individual providing the service. SBA-Scott Baker 5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No • If yes,identify the purchaser and purchaser's service providers. .R,' ised 11 09.2020 2 Green Clean Auto Wash Agenda Item 11 Page 16 Disclosure Statement Disclosure Statement Mi3 City of Unlink,Beath Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?t Yes D No • If yes,identify the company and individual providing the service. PG Harris-Matt Hemmis 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service. Greg Schmidt -Kimley Horn 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?I Yes ❑No • If yes,identify the firm and individual providing the service. Eastern VA Law Group-Jerry Bowman Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any,��,'.dy or committee in connection with this application. 4 Applicant Signature Craig Van Bremen VP Development Print Name and Title 03/30/21 Date Is the applicant also the owner of the subject property? ❑Yes MI No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date 06.30.2021 signature Print Name Hoa N. Dao Revised 11.09.2020 3 Green Clean Auto Wash Agenda Item 11 Page 17 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Green Clean Auto Wash Agenda Item 11 Page 18 Item # 11 Green Clean Auto Wash [Applicant & Property Owner] Conditional Use Permit (Car Wash Facility) 3112 Virginia Beach Boulevard June 9, 2021 RECOMMENDED FOR APPROVAL- HEARD Ms. Sandloop: Okay. Our first item on the regular agenda is item number 11. Green Clean Auto Wash, an application for a conditional use permit Car Wash Facility on property located at 3112 Virginia Beach Boulevard in the Lynnhaven District. Is the applicant or the applicant's representative present and if so please step to the podium. Mr. Weiner: Good afternoon. Mr. Royal: Afternoon Chairman Weiner, Vice Chair Wall, and members of the Planning Commission. For the record, I'm Randy Royal, Kimley-Horn Associates here to represent this project Green Clean Car Wash. Property zoned B-2, we need a use permit for the car wash currently, or previously it had bank operating and auto storage on there. We've worked with staff extensively; I don't think there are any problems. It's a nice looking building, modern style building. We took advantage of the setbacks to move it from 35 feet to 19 feet for a lot of reasons to kind of match the SGA, give it more the urban look to shield the parking from the passersby, and to get as far away from the residences as we could, the residence at the back of the property. We've got extensive landscaping, we've got more landscaping than is required and planning things bigger. Again, working with staff trying to come up with a nice project here, we have spoken to Steve Nimitz, who's the president of the Kings Grants Civic League, he had no opposition. There are three houses adjacent to the property and we got one of them, it's still who responded we sent certified letters but we talked to Ed and he had no problem with it. The site itself has five access points on it, very bad for traffic engineering. We've reduced that to two and the one on Virginia Beach Boulevard, where previously were three. There's one entrance and it's only an inbound and ingress entrance. So we've helped the traffic situation there. But I heard you at the pre-briefing this morning, and we probably didn't look at that close enough, but we certainly have now as far as the noise, Mr. Wall had a concern I'm sure all of you do. And I've got a couple of ideas that I'd like to add for stipulations, and then I'll kind of walk through how I think that helps. I've spoken to Mr. Dell about it. But number would be to put noise attenuators on the air blowers at the end of the tunnel if you will. Number two, there's not a pointer up here or is there? So if you look at the right side of the building and no-no, you could stay up there with it site plan, please, thank you. So the wall, we would extend the wall on the top side there to further attenuate the — thank you perfect, up on the edge there, yeah, we would extend it down a little bit. 1 Yeah, like that, which is going, I'll explain to you in a minute how that's going to help the numbers in there. So we'd like to propose those as two additional stipulations.And the rationale and Mr. Wall I heard you this morning, I went by and looked at the one at Edwin and Independence. And for one thing, the dryers on that particular unit are right at the edge makes a difference. I mean, they're not inbound whatsoever. I'm not saying that ours isn't loud too. But ours are maybe eight feet in or so. So you lose some there, lose some decimal levels. So 25 feet from the dryers, you should be hearing about 70 to 75 decibels. With the attenuators, we should drop that about 10. That gets us to 60 to 65. With the additional wall, that should get us another 5 to 10 decibels, getting all the way to the back there, which is about 130 feet to the closest residence, that's another 5 to 10 decibels. That gets us down to probably in the 40 to 50 decibel range. And I got to believe that Virginia Beach Boulevard is 65 decibels there now. So I get it, I absolutely do. But I think the levels and of course it's not a constant annoyance. It's a small part of the car wash that operates just at the end, but it's not a consistent noise 24/7 throughout the day. So we feel like with that, to get that down to probably 40 to 50 range and so you'll know everybody knows the echoes numbers, but you don't really know what they mean, 60 decibels is considered normal, 60 decibels is me talk not on the microphone but me talking 5 to 10 feet away a normal conversation or like an air conditioner unit running. So it's not bad, it comes on for a short period, dries the cars but again, the extra that we wanted to offer up Mr. Wall to try to mitigate this noise here. I've got the owner here if you have any specific questions about the car wash itself; he's done them all over Hampton Roads. It's a high end facility. There are no bays; it's just the tunnel,the automated car wash. Again, thank you, Mr. Dao, we've worked with him extensively on a lot of things on this project to try to make it the best we can, we've improved it further with these noise attenuation. So we're amenable to the stipulations, we'd like to propose the additional two stipulations for you, staff has recommended approval, we hope you will do the same to City Council. And I'll standby for questions. Thank you. Mr. Weiner: Any questions? Jack? Mr. Wall: No, I do appreciate that. Because in the past, applications have come through here and we've approved them and it can be very impactful to the adjacent property owners, you know, not just an impact, but you know, life changing, you know, financial impact as well. So I appreciate, you know, offering those the stipulations, those conditions to be added. And I think you know, I would like to add those with the acceptance of the rest of the Planning Commission. Mr. Horsley: Mr. Dao, did you work up some language there? Mr. Tajan: We can work with this and we'll add it as we move forward. But we can have condition number 10, to reduce noise impacts from the car wash and automatic dryers, noise attenuation shall be installed to reduce the noise from the automatic 2 dryers exiting the car wash and an additional six foot wall shall be installed along the exit of the automatic car wash as approved by the Director of Planning. Mr. Weiner: Okay, sounds good. Thank you. Mr. Royal: Thank you. Mr. Weiner: All right. There are no speakers correct? Ms. Sandloop: No speakers sir. Mr. Weiner: Jack. Mr. Wall: I am ready to make a motion, okay. I'll make a motion that we approve agenda item number 14, is it 14? Mr. Weiner: 11. Mr. Wall: 11, a Green Clean Auto Wash with the added condition about the noise attenuation. Mr. Weiner: We have a motion of approval. We have a second? Mr. Horsley: Second. Mr. Weiner: We have a second by Mr. Horsley. Motion by Mr. Wall and seconded by Mr. Horsley, ready to vote. Ms. Sandloop: Okay. Mr. Alcaraz. Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. lnman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. 3 Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. Ms. Sandloop: By recorded vote of seven in favor and zero against agenda item number 11 has been recommended for approval with conditions as added. Mr. Royal: Thank you. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. When the property is redeveloped and landscaped, it shall be in substantial conformance with the submitted concept plan entitled, "Proposed Retail Development—Green Clean", prepared by Kimley-Horn, revised May 24, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. When the property is redeveloped, the exterior of the convenience store building shall substantially adhere in appearance, size and materials to the elevations entitled, "Green Clean Auto Wash,"prepared by SBA Studios Architectural Design, dated April 29, 2021,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. When the property is developed,the monument sign shall substantially adhere in appearance, size and materials to the elevations entitled, "Exterior Monument Signage", dated May 7, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the "15-foot Cat. IV Landscape Buffer", along adjacent properties that are residentially zoned, evergreen trees shall be installed at a minimum of six (6) feet in height and be allowed to grow and be maintained at a height of no 4 less than ten (10) feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four feet; b. As depicted on the plan,the row of evergreen trees along the northern parking/vacuum stations shall be installed at a minimum of six (6)feet and be allowed to grow and be maintained at a height of no less than eight(8)feet. A Site Plan shall not be released until the Landscape Plan is approved by the Development Service Center Landscape Architect. Any dead, diseased, or dying plantings shall be replaced by the next planting cycle. The privacy fence shall be maintained in good condition. 5. The dumpster shall be enclosed with a solid brick wall in color and material to match the building and any required screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. 6. The hours of operation of the automated car wash and vacuums shall be limited to between the hours of 8:00 a.m. to 8:00 p.m. daily. 7. All light poles shall be no taller than 14 feet in height. 8. The hoses and poles for the vacuum system shall be of a neutral earth tone color. 9. Any onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign" and the proposed sign package shall be submitted to the Zoning Administrator for review and acceptance prior to the issuance of a sign permit. 10. Noise attenuation shall be installed to reduce the noise of the automatic dryers. In addition, a ten (10)foot long by six (6) foot high wall shall be installed along the exit of the automatic car wash facility, as approved by the Director of Planning. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 - J / , , w � l I z Ati , 1 It �. . a. ■■ O N ■. ch Q _NNMI" N � � o c� 1 icv Q co m �s I i o , , � 0 - )t: sonoJ oo ti3ueae icaul o (0 '1 Ili o .d • CO CV \ ' N o0 0 Ca \117 0,1• s F.;,-) cf_:,0 \ " c" T-LnETcc E - v �,R�a co ;it 0 13. 13A ____-., D , c., tii ce --- .N\ ---n--- \ [2 III •— C.) s. ic 0 Z ��,I � I to ii:i ,1,o ici) \A_Li., , , ' 'V /4, 0 2 Fa ce7,_1- 8,... �N Q a ' ' Li---' . \ LJ• 0 Q , NurteC Gourt N r I \ m ' 0_ 0 2o = 0 \ (n a_ N m \\ \ r In- Nu. 4• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARIE STROM [Applicant] ALOHA, LLC [Property Owner] Conditional Use Permit (Tattoo Parlor) for the property located at 615 North Birdneck Road, Suite 108 (GPIN 2417597653 ). COUNCIL DISTRICT — BEACH MEETING DATE: July 13, 2021 • Background: The applicant seeks to offer microblading services, a semi-permanent makeup technique, within a 182-square foot space inside the existing salon on the property. Due to state law not differentiating between microblading and tattooing, the proposed use requires a conditional use permit for a tattoo parlor. There will be no exterior changes to the building. • Considerations: Microblading is a compatible personal service within a salon and spa and, as required by the Zoning Ordinance, there is no other tattoo parlor within 600 feet of this request. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. There is no known opposition to this request. • Recommendation: On June 9, 2021, the Planning Commission passed a motion to recommend this item on the Consent Agenda, passing a motion by a recorded vote of 7-0, to recommend approval of this request. 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Marie Strom Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department 0 City Manager: ii9 Applicant Marie Strom Agenda Item Property Owner Aloha, LLC Planning Commission Public Hearing June 9, 2021 24 ,q,/,/ City Council Election District Beach Virginia Beach Request Conditional Use Permit (Tattoo Parlor) Staff Recommendation \\ Approval . Staff Planner g _c f Hank Morrison 0 , Trait ti a 1 po pK p s Location 0 ^e� 615 N Birdneck Road,Suite 108 , so \ s GPIN 0 V 5„ o 2417597653 tor Size w"" , **.., bll. ,1 Svcct 21,959 square feet Rrver�ro^t coon y 0 AICUZ t �- � Greater than 75 dB DNL;APZ-2 264 Watershed Chesapeake Bay Existing Land Use and Zoning District Shopping Center/B-2 Community Business gyp._ Surrounding Land Uses and Zoning Districts -- �',t �.,,,i North Mixed retail,apartments/B-2 Communityt. r.2-. -1 c,«,,,,� Business&A-24 Apartment r=� C + " `= � - South a - Single-family dwellings/R-15 Residential °_r,= C11 i '"' East . _ fi! Apartments, mixed retail/A-18&A-36 _ ''+• � Apartment, B-2 Community Business , " dp��� q, • „ate West ' 4:0 F Apartments/A-24 Apartment -7 . Marie Strom Agenda Item 24 Page 1 Background & Summary of Proposal • The applicant is requesting to operate a Tattoo Parlor to offer microblading services within an existing salon and spa in a shopping center along North Birdneck Road,south of Laskin Road.The site is zoned B-2 Community Business,which permits Tattoo Parlors with a Conditional Use Permit. • The applicant seeks to offer microblading services, a semi-permanent makeup technique,within a 182 square foot space inside the salon. • The hours of operation are proposed as 8:00 a.m.to 5:00 p.m., by appointment only,seven days per week. • No exterior changes are proposed to the building. , .„,-..... _ -_ -- _,,, Zoning History �'•; # Request 1 REZ(Rezoning)Approved 08/14/1996 ,-----,117---77—te! d.I L- ;' i Vlb i r. ----a�wu,eo "'f_ r Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance LUP—Land Use Plan REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation & Recommendation The Conditional Use Permit request for a Tattoo Parlor is acceptable given that the use will be compatible with the other existing commercial businesses in the area. No additional parking is required within the shopping center,as it was designed to accommodate a variety of mixed retail uses. Microblading is a compatible personal service use within a salon and spa and, as required by the Zoning Ordinance,there is no other tattoo parlor within 600 feet of this request. Prior to operating on the site,the applicant is required to obtain a business license and the Health Department must verify that the business meets all the requirements of Chapter 23 of the City Code.This section of the code establishes standards for disclosure, hygiene, licenses,waivers, proof of age, recordkeeping, inspections, cleanliness,vaccinations, and permitting.A Certificate of Occupancy will not be issued until the requirements of the Health Department are met. For the reasons stated above,Staff recommends approval of this application,subject to the conditions listed below. Recommended Conditions 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. Marie Strom Agenda Item 24 Page 2 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon,electronic display or similar sign installed on the exterior of the building or in any window,or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The subject property is located within the Suburban Area,which the Comprehensive Plan designates to be preserved and protected. One of the guiding development principles of Suburban Areas is the creation of"Great Neighborhoods," which depicts a stable and sustainable neighborhood supported by complimentary non-residential uses. Land use compatibility among uses within the Suburban Area is vital to the stability of the neighborhoods.Given the request is to occupy a room within an existing establishment that provides related services, it is deemed compatible with the existing uses in the subject business center. Natural & Cultural Resources Impacts The site is located in the Southern Rivers Watershed. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic There will be no significant change in North Birdneck Road 22,950 ADT1 32,700 ADT 1(LOS 4"D") traffic based on a tattoo use in the existing strip commercial center. Average Daily Trips 2 as defined by an 2,100 square 3 as defined by an automated car 4 LOS=Level of Service foot bank wash facility with 1 bay Public Utility Impacts Water&Sewer This site is currently connected to both City water and sanitary sewer services.The existing 5/8"water meter can be used or upgraded to accommodate the proposed use. Marie Strom Agenda Item 24 Page 3 Public Outreach Information Planning Commission • As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on May 10, 2021. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 23, 2021, and May 30, 2021. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on May 24, 2021. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of www.vbgov.com/pc on June 3, 2021. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays,June 27, 2021 and July 4, 2021. • As required by City Code, the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 28, 2021 • The City Clerk's Office posted the materials associated with the application on the City Council website of https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf on July 9, 2021. Marie Strom Agenda Item 24 Page 4 Site Photo 1 t 4 'a ram, ��P �ite wY `r, A{ t er e.� H 4.; F i t °a a I 4 I j Marie Strom Agenda Item 24 Page 5 Disclosure Statement 1111 Disclosure Statement *oil" ,•- 1$.Itt 1 he L drutowrn contained in the fonts for are necessary to eltotm public tst'ftctats wf+o may vat:On the aoPa matron as to whether they hare a conflict of interest under ye^ginta taw the coluctirtton an d sub n j1zO d the form rs required for all app+rcatwn re , that pertain to City al estate matters or to the development and/or use of peopett y in the City of V.rEin.Peach rep.+rnns sow by the City Council a a Cdr hoard,conunnsson or other Pole- tlkant Disclose APPNCent Name Nt\fl it SI.t t M __ - tors 1%.ape1want lane a,everse tatM7 0 Yes No • yes 1-st t7rt earn*of pre,tprelMtaosse. is the apaatatss a corporation,pannerHNp,Orrn.buaMtess,teasi or an urwncorporated Dutenefa i Yes d No . _ ++yet t.st the uw. . d at o►hrtrry a►nrctors rrornbtos,motor.ea bean (Much a fat.netess uyl n'n -- )f l/•.w • b01n ruas Nat tone a woe."(ssM.draryt or artwated t3ouhees+fray'ntratoo,chro worth the apptrtaht. (Attach not si bat aty tflK) hriNO.rneaif3'a nlatsonsh%it that na+sb IOW one tOrtrOrston 4*iffy Co a die tary Croon there( ssesserg=•rocs oven sit;"'cent Cr the voting tower of another'corwatwn-' Se.State and total Government Coerft.et of Inge Act:VA Code;31-3 tol- -"Law bvttne%t erstrry►etat3ong%sc*meant`a hstattosshio,other than parent avbvb>ary retatoonsfroo,ttva ell whir tt)oM Dt &e*a a«t ty hai a con;rote4 ortrwrP.ett tottttfvst v Ms other bvs nest entity.fill a controlt owner an one enemy is at5o a ..alye fairer rn NV OrPris er#.iy.Or{is)"here tt t"red 1.40141Cr^tel ar dented t+'ttwte"th1 tWsdnrss*1st;tees. f att>' that '•be tona.dered a tletarmonee the earstr+ce of am ankintd tuuness entity"Patent i p rXXSj that tit same person y t the sa+f t+rf10n Own Of rr rrato t'se twO errttret,-that ate Colrnrnon O,tYl,hnV.n(k.d hooch ter atwts;that btit pns OW*the use of tee sans,off eel or e/rr 0yets o otherwet st?art atnvtt4%.tewurttt Or Personnel on*ttt_Ir baste;ae MattleroASO a close nani.e4 rrW,ons?vo Winer,the entities See State arsl total Government Co ctt Q!interests A Ve 4101 1';,tee Marie Strom Agenda Item 24 Page 6 Disclosure Statement 'isclosure tef eni 111111/111, Known tnterett p > iic Ofhtialor f mp4oy e Poet•+'+otrtiriat or ecepterfect of the try y proatrsrc ar r4prner:t t�� beach n-avr Y'">fitNest rr[E•F rou i ur4't#`Y'+ ,Descendent me subject pubc.c act on?Q Yes ]No • ff yes,whar is rho rum.*M t#54 Offiri at c riroirNre r^t'w�'.��_,.pr r3'.. M,�i . ...r:,r..? Pkant.Str"ces p we thaw the appKsr,t have any exfttuna firsanang f teorttaye,deeds of tent,croft-coesterdtcatloe,etc}or are they oenslderffl any fielotrA( n tormcrhon wih the ro of tFr.40.,nitatdr,ry any bvai^r; not-at:ng D°TO be°oersted on the property? Q Yes No • tf yrs,.denttfy the f_,narac4 ins.t4 t o i prWgs%the uen e Does the,app4icant have a reef estate Mohr/agent/reapor for cv,rrrd arkd +t44><-1 td funtet sates of the subject property? ©Yes No • M yrtt,fderthfy the cru+apany a,sd nd,vadurJ t+rordang the setv:ce Does the applicant have services for accotnstins and/or preparation of tax returns prosnded in connection with the subject pf the appfitation or any business op.catkna or to be operate°o'<the t>•'operty?(]Yes No Fi yes,identsfy the firm and indrot*dwr prorid rig the tn+ce toes the appficant have services from an architect/landscape xcIttzAJbnd planner provided in COnbection wens the subject o' st application or any business operatsrq or to be operated on the property?[]Yes No Of Yes,identity the firm and individual provider the seer ce any other pending or proposed purchaser fled the subject properly;0 Yes pp NO yes,identify/he p+rcharer and puer.s-Sec's st+vke providers \ Marie Strom Agenda Item 24 Page 7 Disclosure Statement Disclosure Statement r _ n u 6 tx»t"r avodtrtt nw•a(*Mang bees tenttattor ffi,cttnfar tots wr t^ar. n d Mr•v .r. •r•r .. t ov+it to be op.rotod on OW pri p.+er 7 0 Ye, No • w etak ta.-cat, csV9114.4 and !r..**not* 7- Da"tP.app wag.an Iwrart•befet w tttvortion o•Vt t►y oiopott et Ow itt.htsitost at or.t t opwat a to t.t operat.d an tA.Otottorte a YIi 01,No • M n+.•,..4 v tn. and+ .w prOMd n..WW1, R tr t .p •.i mtroty*beat*onion w co$n cv r+wfuft t►r.iwbort et .•pp cato!et•_bus es.c or-st a of to bit 04P000t.e on me of*twee ci Yes Wee • rr re+,othoOy o..hey.aott w.4,v4Add prpr41184 rt.t NOP.O.Pir!I„ktnatkinj I erlitt,tnst s itstonwert . . , •.-.. • , 611.0"rt t•'pt et•01.1,4t40'Vsgt rhr 401;041 O n Ras n.r!use tfr putvw..01s. ..I V.r.iptenor.lar wpdatr.re tits interwtatrow provid.d fat...,two wM 1 plot*Om smortins of Mameris Corm•+won.or,(vows,V$O&(Son_Wettawis Soot or ant puebt beer K taeunnt.*rn tori.YC11110 WiMbtl1i<appit oar uM .Yh prime rtaww awe fill COO N tt»appprta+t,awo w e.+yt N tho ttA act prar.tgl 01'!d ZNo • a t•%wo.tSo t+dt,Nerti to ha a,r•tr;avow HSI On WM Ott 11 M dr.fiwurn swat bo opiolott two(A aw.b—to aft Masterft ter,- +^d Ca,Crowd.-_ tuns reran patios earl appeauarr. ,ter•„M °`" 7/1/2021 . "'" Hank Morrison Marie Strom Agenda Item 24 Page 8 Disclosure Statement ili #oe Statement Owner D1tcloturr Owner N.trnc Aloha, LLC Applicant Nirttf atflM is lets Owner a coo potation,pmtnetihaip,firm,bv%rielt trvtt or an unancorporat•d business?0 Yes No • "yet htt teen naftNef of et off ert rectors.nth ar mores etc Wove taatacP a ass,r neyeessatyl T. Roy Jarret • d pee,to tiro tesnesetwt that haws a parent suirrolk.We or affisated rrtrie rrtater<sf p with the O«rner. Nttach a Ott if necessary) Known Interest b�Publec Ofekial or Employee Does an offtctal or employee of the City of virginal beach rave an 4ntesest in t r t•,tyact land or any otopoted d eeaopTent contingent on Me sua,cct 0uetrc ret.ort10 Yes RNo • If via.what 4 the name Of Me offwal a err nee and Mint is Me nature of Me interest? 'Parrot-%trbtrdaryreiatiionsono'rtuans'arttatior±sh+pthateatswhen one toperstrr.tdowdy or es/tweedy owns Share% possessing more than SO percent of the aottng pierr of another corporation` Si.State and loose Government Conflict of irterest4 Act,VA Code 4 2.2.3101 r•Affshoted women entity rerat.ors*up'mown`s retatait'sn.p,other than Puente-1..A7 id+ary relator/shop,that eases tnhen 1.1 ont bus6ryrts e!rfity fiat a contrOIing ownersh I interest In the other business entity,tit)a tontrolfang owner in one entity k also a controtkrg owner in the other entity.or 60 there as shared management or control between t.te twtinett entit:t, Factors Lf%at %Soviet be corssrtertd in detcrmeneg the eantencr of an aft&ated bummers enter+,re.lotionship include that the same person or wovinttaort`te aye otrson own or mauve the two essec.e.there are common Or torrtrrt+nglcd funds of assets,the busi*ss rubbed chirp the vt d the same efkat of eenpiostrees or Otherwise share activitie►,resovetcs or personnel on a regular base%tr there h otherwise a t-.ose wwt`erg relabonteao between the entrttei' See Stale and tooth Goirom t ent Conflict of Intefesti Act,Ya. Code E 1.2 1901 r.:sr711092O.O SIpige Marie Strom Agenda Item 24 Page 9 Disclosure Statement 1111111111111111111111 . , tistiosure Statement ,- ...-- ,. _ . ,-- - 2Er±e'54''1"CO-Ptitt*sitit 1 "4.aw"""'a"'she emend fleaerio.imeessege,deeds fee that.oroseeeleaseesitsebeet,*tit ef ere they toreadeeet.awe fisseeetes e epseeeten ese.the%Avert of the app-eat,o,re efts t0.4.e.es,este,at-4 es to be ope,abed On Me Of oit,trf I 0 Yes iVto • r v.•,„4fise4r1v,tow 6e4/0",a,f e,O=Lt L'eS VONewrieSi!he leer<f - --- -- --,.---.... - —-- -----. -__ 2 Dors twe 0.e.e,keep•reef estate brobeeledeetieeelese to(..reet Wel...telDeled'44,.'•se/e/at INt t4AleCI P4144111 0 Yes ,C4.No • It yea,heeee,t,the convent sext••00.odeee P f on&nit the wee* I Does Me Oomer hiwft serve's tot acepenona owl/et empearaeon of tea talons o-o.bed,n roe-ee,an Vi't.te e 4.-Ofeet elf the SePtitaboo 4Y lee Net.f..114,4.40.14 C.to be ostereeed on the vooe!ty)0 Yes 4 No • if yes.•cleettfy the been and y.0.0,4.4 ivereebete the sew. 4 Don s the Ofeefee ha**sf noCel fr vn 41, aectittettilaeshcape sereetectjtand*WOW crowded,n tOnnectron with The vateeet Of the aPCA.CetK:"C.*are dole+414 004,e...4 C.tO te OC.-Ta'te Or l'..efobe're'0 YeS risk° -, • e eels deea*,the i"end no-v.6.ra coov4Ing*4'4;street 5 is:eve ie.,-Wee deleadiews or proposed parckaser ot the s,..erect ceooe,b'0 Yet V:No • if yes,alentAy thit pureftesef and poi heels wrote oMeeeteet _ ----- - 6 Does ttle(NNW hoe 4 Otoithattion tiereteattee r"feemett.cvN..,,t•The subeet et she allootier or avy bus,,,t,s,owate,4 0., to be OPerAed C"the prode•ty)0 Yes 1:;<No . $4 ,erest,av the toniperl and mdretti.al prov&ire ire seeve 1 Does Me Owlet hew an ensineerhareeyor/ateent e,connector%with the subject ef y*00 ,c ,,,,1 0,e„,v t ow atvni ix to be°berated on the browny,D Yes 9 No i( • if yes,kiket.fy the fens and rndn.dual penndine the sene,ce Mete . . , immeememonw Marie Strom Agenda Item 24 Page 10 Disclosure Statement 1111, . Disclosure Statement _. •.,. -.., , •, : - - - 8 t`"•CM-'4"-'6.4e.''O'''r In*WWII,-,i-o*---t-iti>,- *,*"ti t-bin41 of 0-*iiniN4.4,:in,iv ii--i ti.n.r.ri-ini,nrni,ng e),ZO anf-aii-cl on ine i:iropt-tt 0 Yes i!NO • 0 les.Kii*-^-1,fi C.-li nr-n 4.-4 mi4.--ini...01t,ns,d,nit iriKIF.V..'int-i,cti '-:- Ontief_ALIMUn 1<efirN t'''''t 0 C"tNt'^',Xf,"444.,-,iir 4 i-i",t CksOot xi,Iiit.a--nott I(' ,i ccvnnle-te. t.,,,e,ii,ni at:dr.ge 1 6".64.14,4rod the ., st('CI't t-e<rwt oo Nott=tatx,e,Put V,**00=4.1.ne,.4s been uht*.ie4 kr P.J.4'f he*,wx.1 aso sespessuible kw updating 1•4011natio•ProwO4PO•werw two weeks asses to the oksertseg et Plaswest Cosonsisskse,Cite(Wesel.V1104.CS,A.,Wetlands board a••&IV PAO(body Oi Onononntte in connection wok Wes apokeown ----.. _.--„-, Itiitek•fLA „. Owner fignetwe 77,,,,--:„1,-„::::::7,.:;_-,--,1''' Dew —... ' , - 11P,Atf. 111111111111111MMINNIENNININ. --- Marie Strom Agenda Item 24 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Marie Strom Agenda Item 24 Page 12 Item #24 Marie Strom [Applicant] Aloha, LLC [Property Owner] Conditional Use Permit [Tattoo Parlor] 615 N Birdneck Road, Suite 108 June 9, 2021 RECOMMENDED FOR APPROVAL- CONSENT Mr. Wall: Okay. Thank you. Is there any opposition for this item to be placed on the consent agenda? And Mr. Redmond, I believe read that one as well and combine them together. So okay, thank you. The next item on the consent agenda is agenda item number 24. Marie Strom is the applicant and Aloha LLC is the property owner for a conditional use permit, tattoo parlor located in the Beach District. Is there a representative for this item? Ms. Strom: Hi. Yes, I'm Marie Strom. The owner of Repor Salon. Mr. Wall: Okay. Are the three conditions acceptable? Ms. Strom: Yes, sir. Mr. Wall: Okay, thank you. Is there any opposition for this item to be placed on the consent agenda? Hearing none, we've asked Mr. Coston to read this into the record. Mr. Coston: The applicant is requesting to operate a tattoo parlor to offer microblading services within an existing Salon and Spa in a shopping center along North Birdneck Road, South of Laskin Road. The site is zoned B-2 Community Business which permits tattoo parlors with a conditional use permit. The applicant seeks to offer microblading services, a semi-permanent makeup technique within a 182 square foot space inside the salon. The hours of operation are proposed as 8 a.m. to 5 p.m. by appointment only seven days a week. No exterior changes are proposed to the building.The staff has recommended approval and the commission concurs. Mr. Wall: Okay. Thank you. The next item on the consent agenda is agenda item number 25 DOZB, LLC as both the applicant and the property owner for alternative 1 compliance. This application is located in the Beach District. Is there a representative for this item? Mr. Wall: Okay, thank you. That was the last item on the regular consent agenda. The planning commission also places the following applications for conditional use permit for short-term rental on the consent agenda as they meet the applicable requirements for Section 241.2 of the zoning ordinance. Staff and Planning Commission support the applications and there are no speakers signed up in opposition.These include agenda item number 28 Dan&Sara Bailey,agenda item number 31 Krista L. Woodlock, application number 37 Standard Community LLC, number 38 William Georghiou and number 39 Andrew Broyles. Those were the last items on the short-term rental consent agenda. Mr. Weiner: Make a motion? Mr. Wall: I move for approval of the following consent agenda items. Agenda item number 4 DHW joint venture. Mr. Weiner: Just read the numbers. Mr. Wall: Okay,just read the numbers. Number 4, 5, 6, 7, 8, 9, 13, 19, 20, 21, 24, 25 as well as the short-term rental applications number 28, 31, 37, 38, and 39. Mr. Weiner: We have a motion by Mr. Wall. Do we have a second? Mr. Alcaraz: Second. Mr. Weiner: We have a motion by Mr. Wall and second by Mr. Alcaraz, we are ready to vote. Ms. Sandloop: Mr. Alcaraz. 2 Mr. Alcaraz: Aye. Ms. Sandloop: Mr. Barnes is absent Mr. Coston. Mr. Coston: Aye. Ms. Sandloop: Mr. Graham is absent Mr. Horsley. Mr. Horsley: Aye. Ms. Sandloop: Mr. Inman. Mr. Inman: Aye. Ms. Sandloop: Ms. Klein is absent. Ms. Oliver is absent. Mr. Redmond. Mr. Redmond: Aye. Ms. Sandloop: Vice Chair Wall. Mr. Wall: Aye. Ms. Sandloop: Chairman Weiner. Mr. Weiner: Aye. 3 Ms. Sandloop: By recorded vote of seven in favor and zero against agenda items 4, 5, 6, 7, 8, 9, 13, 19,20, 21, 24, 25, 28, 31, 37, 38, and 39 have been recommended for approval by consent. Mr. Weiner: Thank you. Thank you for those who had items on the consent agenda and that will now be scheduled for City Council. Now, we will move forward to the regular agenda. AYE 7 NAY 0 ABS 0 ABSENT 4 Alcaraz AYE Barnes ABSENT Coston AYE Graham ABSENT Horsley AYE Inman AYE Klein ABSENT Oliver ABSENT Redmond AYE Wall AYE Weiner AYE CONDITIONS 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the 4 issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 5 frlt iF t5 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTION 102 OF THE CITY ZONING ORDINANCE ESTABLISHING SHORT TERM RENTAL OVERLAY DISTRICTS- NORTH END AND OCENFRONT RESORT; AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGNATION AND INCORPORATION OF PROPERTY INTO SHORT TERM RENTAL OVERLAY DISTRICT OR DISTRICT; TO AMEND SECTIONS 401, 501, 601, 901, 1110, 1125, 1521 AND 2203 OF THE CITY ZONING ORDINANCE AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT FORM-BASED CODE PERTAINING TO THE REQUIREMENTS AND USE OF SHORT TERM RENTALS AND OVERLAYS; AND AN ORDINANCE TO AMEND SECTION 241.2 OF THE CITY ZONING ORDINANCE, PERTAINING TO SHORT TERM RENTALS AND ESTABLISHING ADDITIONAL SAFETY REQUIREMENTS; AN ORDINANCE TO ADD ARTICLE 23, CONSISTING OF SECTIONS 2300 THROUGH 2303, (SHORT TERM RENTAL OVERLAY DISTRICTS) TO THE CITY ZONING ORDINANCE ESTABLISHING REGULATIONS AND REQUIREMENTS PERTAINING TO SHORT TERM RENTALS IN EACH OVERLAY DISTRICT; ESTABLISHING TRANSITION RULES FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR SHORT TERM RENTALS IN THE SHORT TERM RENTAL OVERLAYS. MEETING DATE: July 13, 2021 Originally Introduced: July 6, 2021 ■ Background: At the July 6, 2021 meeting of the City Council, two versions of the above- referenced ordinances were introduced: the Planning Commission version and the City Council Alternatives. Council chose to move forward the City Council Alternatives, and by doing so dispensed with the Planning Commission version. The City Council Alternatives ("STR Ordinances") contained five (5) individual ordinances that were grouped together into one Council action. At the conclusion of the public hearing, by majority vote the City Council decided to split the one- vote action into five (5) individual items, each to be voted on separately. Items (a) and (b) both failed to pass by a 6-3 vote. Items (c) (d) (e) and (f) were tabled to the July 13, 2021 meeting. Below is a summary of each of the STR Ordinances and a listing of potential outcomes. City of Virginia Beach - Short Term Rental Overlay Districts Page 2 of 4 a) Create two overlay districts where Short T=- Rental use is permitted; the North End Overlay (Short Term Rental •- ..'tt:d by Conditional Use Permit) and the Oceanfront Resort Overl. .' ;ea' . Term Rentals permitted by • Conditional use Permit). • Denied by P rte — no short term rental overlay districts created with e t of the Zoning Ordinance. b) Incorporate the Short Term Rental Overlay Distr . 'nto the official zoning map (North End - existing area of North E. • -. a , without Pirates Cove neighborhood or area west of Holl 'oat.► = -ntire Oceanfront Resort District as it exists). `O/ • Denied by City ce0— o properties rezoned to a Short Term Rental overlay di tr . c) Amend the zoning land use tables in all applicable zoning districts. • If approved as currently written, short term rentals ("STRs") will only be permitted within the Sandbridge Special Service District or within STR Rental Overlay Districts. Since there are no parcels zoned with STR Overlay Districts, approving this ordinance with no changes would mean that new STRs will only be permitted in the Sandbridge Special Service District. d) Add additional safety regulations for all STRs. • If approved this ordinance would amend §241 .2 of the City's zoning ordinance which contains the general requirements for all STRs. • Items in this ordinance include the following: o Require a four (4) square-foot sign stating the property is an STR and the contact number of the responsible party be posted on the property and visible from the street. o Grandfathered STRs not used for two (2) years would expire. oAll Conditional Use Permits granted in areas where they are no longer permitted would be considered grandfathered and would not expire in five (5) years. o Require an onsite inspection of STRs for smoke alarms, carbon monoxide detectors and fire extinguishers and allow for third party inspections. City of Virginia Beach - Short Term Rental Overlay Districts Page 3of4 o Add that any violation of a local, state or federal law or regulation could be grounds for revocation. o Require structural inspections for decks every three (3) years and require the posting of the maximum occupancy for the deck. o Require that during the yearly Zoning Permit process a ledger noting the number of rentals and occupants per rental be provided to the Zoning Division. e) Rules and regulations for Short Term Rentals located within the Overlay Districts. • This ordinance would create the rules for all STRs located within an overlay district. Although there will be no properties that these regulations would apply to, this chapter includes the provision that 75% of an identified community would be required to petition the City Council to create any new STR Overlay Districts. Changes to this ordinance would be required since this ordinance contains specific references to the North End and Oceanfront Resort STR Overlay Districts. Many of the operational amendments specifically for properties outside of Sandbridge were included in this section. These would not apply to any properties that apply for STR conditional use permits unless the City Council chooses to impose the amended conditions, as has been the recent practice of the City Council. f) Transition rules for the review of Short Term Rental conditional use permit applications. • This ordinance specifically notes that all applications submitted after the referral date of this package of Ordinances to the Planning Commission (October 20, 2020) would be subject to the regulations that are in place at the time they are considered by either the Planning Commission or the City Council. If the property is no longer eligible to request a conditional use permit due to the regulations passed, they would stop in the process and no longer be permitted to proceed. If there are changes to the regulations, the property will be subject to any of those new regulations adopted by the City Council. • Considerations: The STR Ordinances were referred to the Planning Commission by City Council for consideration on October 20, 2020. The Planning Commission held numerous workshops and public outreach opportunities. The STR Ordinances were considered by the Planning Commission at its March 2021 meeting and was, recommended for approval with several modifications from City Council's initial draft. On July 6, 2021 the City Council chose to only review the City Council City of Virginia Beach — Short Term Rental Overlay Districts Page 4of4 alternative ordinance and voted to not create any new Short Term Rental Overlay districts in the City. • Attachments: Ordinance — City Council direction Submitting Department/Agency: Planning Department 0 City Manager: REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTIONS 401, 501, 601, 2 901, 1110, 1125, 1501, 1521, 1531 AND 2203 OF THE CITY 3 ZONING ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT DISTRICT FORM-BASED CODE 5 PERTAINING TO THE REQUIREMENTS AND USE OF 6 SHORT TERM RENTALS AND OVERLAYS 7 8 Sections Amended: City Zoning Ordinance Sections 401, 9 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 and 10 Oceanfront Resort District Form-Based Code Section 5.2 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 401, 501, 601, 901, 1110, 1125, 1501, 1521, 1531 and 2203 of the 19 City Zoning Ordinance and Section 5.2 of the Oceanfront Resort District Form-Based 20 Code are hereby amended and reordained, to read as follows: 21 22 ARTICLE 4. - AGRICULTURAL DISTRICTS 23 24 Sec. 401. Use regulations. 25 26 (a) Principal and conditional uses. The following chart lists those uses permitted 27 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 28 respective agricultural districts shall be permitted as either principal uses indicated by a 29 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 30 shall be prohibited in the respective districts. No uses or structures other than as 31 specified shall be permitted. 32 I AG- AG- Use1 I 2 iI Short term rental G-X G-X Short term rental within the Sandbridge Special Service District* meeting all I P P of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the P-C P-C requirements of Section 241.2 and, where applicable, Section 2303 33 34 ARTICLE 5. RESIDENTIAL DISTRICTS. 35 36 37 38 Sec. 501. Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the R-40 through R-2.5 Residential Districts. Those uses and structures in the 42 respective residential districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 r Use R- R- R- R- R- R- R- R- R- R- 40 30 20 15 10 7.5 5D 5R 5S 2.5 S GIGICGGGGG C . Short term rental X XIXXXXXXXX Short term rental within the Sandbridge Special Service District,* meeting all of the P PP PP P P P P P requirements of Section 241.2 Short term rental within an STR Overlay ! I District, meeting all of the requirements of P P P P R P R PPR Section 241.2 and, where applicable, CCCCCCCCCC Section 2303 47 48 . . . . 49 50 ARTICLE 6. - APARTMENT DISTRICTS 51 52 . . . . 53 2 54 Sec. 601. - Use regulations. 55 56 (a) Principal and conditional uses. The following chart lists those uses permitted 57 within the A-12 through A-36 Apartment Districts. Those uses and structures in the 58 respective apartment districts shall be permitted as either principal uses indicated by a 59 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 60 shall be prohibited in the respective districts. No uses or structures other than as 61 specified shall be permitted. 62 A- A- A- A- Use 12 18 24 36 Short term rental GGGG X X X X Short term rental within the Sandbridge Special Service District1* meeting all of the requirements of Section 241.2 PPPP Short term rental within an STR Overlay District, meeting all of the R R PR requirements of Section 241.2 and, where applicable, Section 2303 CCCC I 63 64 65 ARTICLE 9. - BUSINESS DISTRICTS 66 67 68 69 Sec. 901. - Use regulations. 70 71 (a) Principal and conditional uses. The following chart lists those uses permitted 72 within the B-1 through B-4K Business Districts. Those uses and structures in the 73 respective business districts shall be permitted as either principal uses indicated by a 74 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 75 shall be prohibited in the respective districts. No uses or structures other than as 76 specified shall be permitted. 77 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Short term rental X X X X 6 S 6 X X X 3 Short term rental within the Sandbridge Special Service PPPPPP P District,* meeting all of the requirements of Section 241.2 Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where X X X X C C C applicable, Section 2303 — — — 78 79 ARTICLE 11. - PLANNED DEVELOPMENT DISTRICTS 80 81 Sec. 1110. - Land use regulation. 82 83 84 85 (c) Within a PD-H1 District, all of the principal uses and structures permitted within an 86 A-12 Apartment District other than hospitals and sanitariums, together with the 87 following enumerated uses and structures, shall be permitted: 88 89 (1) Fraternity and sorority houses, student dormitories and student centers; 90 91 (2) Housing for seniors and disabled persons, with a conditional use permit; 92 93 (3) Marinas; 94 95 (4) Private clubs or social centers provided that clubs where conduct of commercial 96 affairs is a principal activity shall not be permitted; a 97 98 (5) Residential care for seniors, provided that no more than two (2) employees 99 including a bona fide resident of the dwelling shall be permitted; and 100 101 (6) Home sharing meeting the requirements of section 209.6. 102 103 (d) Within a PD-H1 District, the following uses shall be allowed as conditional uses: 104 105 (1) Communication towers; 106 107 (2) Family day-care homes; 108 109 (3) Group homes; 110 111 (4) Kennels, residential; 112 113 (5) Religious uses; 114 115 (6) Wind energy conversion systems, free standing and roof-mounted; and 4 116 117 (7) Home-based wildlife rehabilitation facilities, provided that the principal 118 structure is a single-family dwelling and the lot is greater than two thousand 119 five hundred (2,500) square feetd 120 121 (8) Short term rental. 122 123 B. - PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT 124 125 126 127 Sec. 1125. - Allowed uses. 128 129 Within the PD-H2 District, only the following uses and structures shall be permitted: 130 131 (a) Principal uses and structures. 132 133 (1) Dwelling units of the types specified in the land use plan; 134 135 (2) Public buildings, structures, and other public uses; 136 137 (3) Recreational facilities of the type described in the plan; 138 139 (4) Child care education centers, in connection with public or private 140 elementary schools or churches, provided that such uses shall not be 141 eligible for residential density credit; 142 143 (5) Day-care centers, provided that such uses shall not be eligible for 144 residential density credit; 145 146 (6) Public utilities installations and substations; provided offices or storage or 147 maintenance facilities shall not be permitted; and provided, further, that 148 utilities substations, other than individual transformers, shall be surrounded 149 by a wall, solid except for entrances and exits, or by a fence with a 150 screening hedge five (5) to six (6) feet in height; and provided also, 151 transformer vaults for underground utilities and like uses shall require only 152 a landscaped screening hedge, solid except for access opening; a.nd 153 154 (7) Home sharing meeting the requirements of section 209.6; and 155 156 (c) Conditional uses. 157 158 (1) Religious uses, provided that such use shall not be eligible for residential 159 density credit; 160 161 (2) Family day-care homes; foster homes and group homes, provided that such 162 uses shall not be eligible for residential density credit; 5 163 164 (3) Home occupations; a-Rd 165 166 (4) Housing for seniors and disabled persons:; and 167 168 (5) Short term rental; 169 170 (6) Short term rental within a STR Overlay District meeting all of the 171 requirements of Section 241.2 and, where applicable, Section 2303. 172 173 174 175 C. RT-1 RESORT TOURIST DISTRICT 176 177 178 179 Sec. 1501. Use regulations. 180 181 (a) The following chart lists those uses permitted within the RT-1 Resort Tourist 182 District as either principal uses, as indicated by a "P" or as conditional uses, as 183 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of 184 Article 2 (section 220 et seq.). No uses or structures other than those specified 185 shall be permitted. All uses, whether principal or conditional, should to the 186 greatest extent possible adhere to the provisions of the Oceanfront Resort Area 187 Design Guidelines. 188 Use RT-1 Short term rental X Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 — 189 190 . . . . 191 192 C. RT-3 RESORT TOURIST DISTRICT 193 194 . . . . 195 196 Sec. 1521. Use regulations. 197 6 198 (a) The following chart lists those uses permitted within the RT-3 Resort Tourist District 199 as either principal uses, as indicated by a "P" or as conditional uses, as indicated by a 200 "C." Conditional uses shall be subject to the provisions of Part C of Article 2 (section 201 220 et seq.). Except for single-family, duplex, semidetached and attached dwellings, 202 buildings within the RT-3 District may include any principal or conditional uses in 203 combination with any other principal or conditional use. No uses or structures other than 204 those specified shall be permitted. All uses, whether principal or conditional, should to 205 the greatest extent possible adhere to the provisions of the Special Area Design 206 Guidelines (Urban Areas) set forth in the Reference Handbook of the Comprehensive 207 Plan. Use RT-3 Short term rental 6-X If - Short term rental within an STR Overlay District, meeting all of the requirements of Section 241.2 and, where applicable, Section 2303 208 209 210 211 C. RT-4 RESORT TOURIST DISTRICT 212 213 214 Sec. 1531. Use regulations. 215 216 (a) Principal uses and structure: 217 218 219 (5) Short term rental within an STR Overlay District, meeting all of the 220 requirements of Section 241.2 and, where applicable, Section 2303 221 222 . . . . 223 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 224 225 . . . 226 227 B. - DEVELOPMENT REGULATIONS 228 229 . 230 231 Sec. 2203. - Use regulations. 232 233 (a) The following chart lists those uses permitted within the Central Business Core 234 District. Uses and structures shall be allowed either as principal uses, indicated by a 235 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 236 shall be prohibited, unless allowed by special exception for Alternative Compliance 237 pursuant to Section 2205. No uses or structures other than as specified herein or as 238 allowed pursuant to subsection (b) shall be permitted. 239 Use District CBC Short term rental 6 X Short term rental within an STR Overlay District, meetinct all of the 12-C requirements of Section 241.2 and, where applicable, Section 2303 240 241 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 242 243 . . . . 244 245 Sec. 5.2. Permitted Use Table. 246 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes LODGING Short term rental -- G_ -- -- G-- G=- G-- -- See Sec.241.2 Short term rental C C C C See.Sec.241.2 within an STR and 2303(c). overlay District meeting the requirements of section 241.2 and where applicable Section 2303 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. 8 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Depa ment City Attori?_.y's Office CA15115 R-6 June 24, 2021 9 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER TOWER 1 AN ORDINANCE TO AMEND SECTION 241.2 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO 3 SHORT TERM RENTALS AND ESTABLISHING 4 ADDITIONAL SAFETY REQUIREMENTS 5 6 Section Amended: City Zoning Ordinance Section 7 241.2 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 241.2. - Short term rental. 16 Short term rentals shall be subject to the following conditions unless specifically 17 modified by action of the city council in granting a conditional use permit or creating a 18 short term rental overlay district: 19 20 (1) Any property utilized as a short term rental shall provide adequate off street parking 21 for its guests. A minimum of one parking space per bedroom is required. If such parking 22 cannot be provided on-site, the owner must submit a parking plan indicating how the 23 parking requirement will be met. Such plan shall be reviewed and approved by the 24 zoning administrator. Stacking of vehicles shall be allowed and no on-street parking 25 shall be part of the plan; 26 27 (2) No events with more than fifty (50) people present, shall be held absent a special 28 events permit. Events with more than fifty (50) people are limited to no more than three 29 (3) events in a calendar year. No more than one hundred (100) people shall be present 30 at any event held on the property; 31 32 (3) The owner or operator must provide the name and telephone number of a 33 responsible person, who may be the owner, operator or an agent of the owner or 34 operator, who is available to be contacted and to address conditions occurring at the 35 short term rental within thirty (30) minutes. Physical response to the site of the short 36 term rental is not required; 37 38 (4) No signage shall be on site, except that each short term rental shall have one (1), 39 four-square foot sign, posted on the building, or other permanent structure approved by 40 the zoning administrator, visible from the public street, that which identifies the property 41 as a short term rental and provides the telephone number for the responsible person in 42 text large enough to be read from the public street. Architectural signs naming the 43 structure are excluded; from this limitation; 44 45 (5) To the extent permitted by state law, each short term rental must maintain 46 registration with the Commissioner of Revenue's office and pay all applicable taxes; 47 48 (6) There shall be posted in a conspicuous place within the dwelling a summary 49 provided by the zoning administrator of City Code sections 23-69 through 23-71 (noise), 50 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 51 (fireworks), and a copy of any approved parking plan; 52 53 (7) All refuse shall be placed in automated refuse receptacles, where provided, and 54 comply with the requirements of City Code sections 31-26, 31-27 and 31-28; 55 56 (8) A short term rental shall have no more than two (2) rental contracts during any 57 consecutive seven (7) day period; 58 59 (9) The owner or operator shall provide proof of liability insurance applicable to the 60 rental activity at registration and renewal of at least one million dollars ($1,000,000.00) 61 underwritten by insurers acceptable to the city; 62 63 (10) There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m.; 64 65 (11) The maximum number of persons on the property after 11:00 p.m. and before 7:00 66 a.m. ("Overnight Lodgers") shall be three (3) individuals per bedroom; 67 68 (12) Any short term rental that has registered and paid transient occupancy taxes to the 69 Commissioner of the Revenue prior to July 1, 2018 shall be considered grandfathered 70 and shall not be required to obtain a conditional use permit, but must meet the 71 conditions of section 241.2. Any expansion of the footprint of the dwelling housing the 72 short term rental that expands the overall square footage by more than twenty-five (25) 73 percent or one thousand (1,000) square feet, whichever is less, shall have its 74 grandfathered status revoked and must immediately come into compliance with the 75 Zoning Ordinance obtain a conditional use permit to continue such use. Grandfathered 76 status shall run with the land. However, any qrandfathered short term rental that 77 continuously remains vacant, or not used as a short term rental, for a period of two (2) 78 years or more shall lose its "grandfathered" designation; 79 80 (12.1) Any short term rental that received a conditional use permit between November 81 1, 2019 and June 15, 2021 and that is located within a zoning district where short term 82 rentals are not a permitted or conditional use, shall be considered qrandfathered and 83 shall be permitted to continue subject to the conditions of section 241.2 (1) through (15) 84 and (17) as modified by the terms of the conditional use permit; 85 86 (13) To the extent permissible under state law, interconnected smoke detectors (which 87 88 carbon monoxide detectors shall be installed in each short term rental; The property 89 owner or their representative shall provide to the City Planning Department permission 2 90 for zoning inspectors to inspect the short term rental property annually. Such inspection 91 shall include: 1) at least one fire extinguisher has been installed inside the unit, in plain 92 sight, and where it is located, 2) all smoke alarms and carbon monoxide detectors are 93 installed in accordance with the building code in affect at the time of construction and 94 interconnected. Units constructed prior to interconnection requirements must have a 95 minimum of one smoke alarm installed on every floor of the structure and in the areas 96 adjacent to all sleeping room and when activated, be audible in all sleeping rooms, and 97 3) all smoke alarms and carbon monoxide detectors have been inspected within the last 98 12 months, and are in good working order. 99 100 Properties managed by Short Term Rental Management Companies certified by the 101 Department of Planning shall only be required to be inspected every three years. The 102 inspection for compliance with the requirements above shall be performed by the Short 103 Term Rental Management Company and be documented on a form prescribed by the 104 Planning Department and shall be provided during the yearly permitting process. 105 106 Properties may be inspected annually for compliance with the requirements above by 107 certified Short Term Rental Management Companies or certified Home Inspectors. The 108 compliance inspection shall be documented on a form prescribed by the Planning 109 Department and shall be provided during the yearly permit process. 110 111 (14) Accessory structures shall not be used or occupied as short term rentals; 112 113 (15) In addition to other remedies available for violations of the city zoning ordinance, 114 upon the occurrence of a violation of the provisions of this section; a violation of any 115 local, state or federal law or regulation; a violation of a condition imposed in a 116 conditional use permit; or if the conditions for grandfathered status are no longer 117 satisfied, the city council may revoke the conditional use permit or grandfathered status 118 of a property after notice and hearing as provided in Code of Virginia § 15.2-2204; 119 provided, however, that written notice as prescribed therein shall be given at least 120 fifteen (15) days prior to the hearing_. 121 122 (16) All conditional use permits issued for short term rentals shall expire five (5) years 123 from the date of adoption. The renewal process of the conditional use permit will be 124 administrative and performed by the planning department; however, the planning 125 department shall notify the city council in writing prior to the renewal of any conditional 126 use permit for a STR, where the STR has been the subject of neighborhood complaints, 127 violations of its conditions or violations of any building, housing, zoning, fire or other 128 similar codes; and 129 130 (17) A structural safety inspection report shall be provided to the city an-n-6144y every 131 three (3) years indicating all exterior stairways, decks, porches and balconies have 132 been inspected by a licensed design professional, qualified to perform such inspection, 133 and are safe for use. The report must indicate the maximum number of occupants 134 permitted on each level of these structures and placards indicating the maximum 3 135 number of occupants of all exterior stairways, decks, porches and balconies must be 136 posted on each level of these structures; 137 138 (18) When obtaining a Zoning permit for an STR owners or their agents shall present to 139 the Zoning Division a listing on a form prescribed by the Zoning Administrator the 140 number of rentals for the past year, when they occurred and the number of occupants 141 for each rental. No identifying information for the visitors is required. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep rtment City Attorney's Office CA15175 R-11 June 30, 2021 4 REQUESTED BY VICE-MAYOR WOOD, AND COUNCILMEMBERS TOWER AND WILSON 1 AN ORDINANCE TO ADD ARTICLE 23, 2 CONSISTING OF SECTIONS 2300 THROUGH 2303, 3 (SHORT TERM RENTAL OVERLAY DISTRICTS) TO 4 THE CITY ZONING ORDINANCE ESTABLISHING 5 REGULATIONS AND REQUIREMENTS 6 PERTAINING TO SHORT TERM RENTALS IN EACH 7 OVERLAY DISTRICT 8 9 Sections Added: City Zoning Ordinance Sections 10 2300 - 2303 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Article 23 of the City Zoning Ordinance, consisting of Sections 2300 through 19 2303, is hereby added and ordained to read as follows: 20 21 ARTICLE 23. SHORT TERM RENTAL OVERLAY DISTRICTS 22 23 Sec. 2300. Findings; intent. 24 25 The Virginia General Assembly has directed that short term rentals shall be 26 permitted as a principal use in the area defined as the Sandbridqe Special Service 27 District. In addition, the City Council hereby finds that there are certain areas of the City 28 in which residential dwellings are, and historically have been, rented to vacationers or 29 others on a short term basis. In these areas, the City Council finds that such use, when 30 appropriately regulated, may be carried on without adversely affecting the adjacent 31 residential neighborhoods. In other areas of the City, short term rentals are not 32 compatible with the residential use of the surrounding properties and are often the 33 cause of excessive noise, illegal or improper parking, traffic violations, congestion and 34 litter, thereby interfering with the quiet enjoyment of the residential neighborhood in 35 which they occur The provisions of this Article allow short term rentals, with appropriate 36 restrictions, only in those areas directed by the General Assembly and/or in such other 37 areas in which short term rentals may be carried on without adversely affecting the quiet 38 enjoyment of neighboring properties. 39 The North End STR Overlay is an area on the Atlantic Ocean that has seen a 40 proliferation of short term rentals for many years, and where rental of property during 41 the summer is a common experience that has not generated significant negative impact 42 to the community. Although the short term rental use is generally compatible within the 43 North End STR Overlay, the City Council finds that a continuing proliferation of the use 44 will fundamentally change the character of the community, negatively impact property 45 values and diminish the quality of life for year round residents. Therefore this use 46 should be limited within the North End STR Overlay to the percentage of short term 47 rentals currently existing as of November 2, 2020. 48 The OR STR Overlay is an area of the City that is more urbanized than other 49 areas. The area includes the Atlantic Ocean and the Virginia Beach Boardwalk. 50 Lodging accommodations and other commercial activity supporting the resort area and 51 tourism are prevalent in this area. Accordingly, short term rental density limitations are 52 unnecessary in this overlay. 53 54 Sec. 2301. District boundaries. 55 56 () The Short Term Rental Overlay Districts boundaries shall be as 57 designated on the official zoning map of the city (STR). 58 59 (b) Other identified areas of the City may petition the City Council for an 60 overlay to be created if the identified community is able to gather the signatures of 61 seventy-five (75) percent of the owners of the properties in the community. Only one (1) 62 signature per property may be counted. Such communities shall be pre-existing, and 63 any new community boundaries may not be created for the purpose of meeting the 64 requirements of this section for creation of a short term rental overlay. 65 66 Sec. 2302. Application of regulations. 67 68 The designation of any property as lying within a Short Term Rental Overlay 69 District shall be in addition to, and not in lieu of, the underlying zoning district 70 classification of such property, such that any property situated in a Short Term Rental 71 Overlay District shall also lie within one or more of the zoning districts enumerated in 72 Section 102(a) of this ordinance. All such property shall be subject to the requirements 73 of this Article as well as to all other regulations applicable to it, and to the extent that 74 any provision of this Article conflicts with any other ordinance or regulation, the 75 provision of this Article shall control. 76 2 77 Sec. 2303. Use regulations. 78 79 Subject to general requirements and to the regulations of the underlying 80 zoning district, all uses and structures permitted as principal, conditional or accessory 81 uses in the underlying zoning district in which they are located shall be so designated 82 permitted within the Short Term Rental Overlay Districts. 83 84 (b) Short term rental overlay — North End and OR 85 a. Short term rentals in the OR STR Overlay District shall be a principal 86 use, in the North End STR Overlay District they shall be a conditional 87 use, if in compliance with the requirements of Section 241.2 as 88 modified as follows: 89 90 i. Add to condition (1): Parking spaces created to comply with 91 this condition shall not add additional impervious area to the 92 site. Area within a residential garage may be used for no more 93 than one (1) required space provided the available area within 94 the garage meets the dimensional requirements of this 95 ordinance. used for required parking. Driveway area located 96 within the city right of way may be utilized to meet the parking 97 requirement provided there is no traffic impact and the location 98 of the parking space does not block vehicular traffic or an 99 existing sidewalk. 100 ii. Add to condition (1): In the OR STR Overlay District there are 101 certain condominium properties that have historically operated 102 as short term lodging units and have not experienced any 103 inconvenience to quests or the surrounding area without the 104 required one (1) parking space per bedroom. Further, such 105 properties are unable to provide the required parking on-site. 106 For these condominium properties, the zoning administrator 107 may, at his discretion, require one (1) parking space per 108 dwelling unit similar to the requirement for lodging uses in the 109 Oceanfront Resort District Form Bases Code (ORDFBC). 110 Such properties must provide written evidence of their past use 111 and the Zoning Administrator shall find that there is no public 112 inconvenience with the current parking design. 113 iii. Replacing condition (2): No events associated with the short 114 term rental shall be permitted with more than the allowed 115 number of people who may stay overnight (number of 116 bedrooms times two (2)) on the property where the short term 3 117 rental is located. This short term rental may not request or 118 obtain a Special Event Permit under City Code Section 4-1. 119 iv. Replacing condition (3): The owner or operator must provide 120 the name and telephone number of a responsible person, who 121 may be the owner, operator or agent, who is available to be 122 contacted and to address conditions occurring at the short term 123 rental within thirty (30) minutes and to be physically present at 124 the short term rental within one (1) hour. 125 the site of the short term rental is not required. 126 v Replacing condition (4): No signage shall be on site, except 127 that each short term rental shall have one (1), four square foot 128 sign, posted on the building which identifies the property as a 129 short term rental and has the telephone number of the 130 responsible party in text large enough to be read from the 131 public street. Architectural signs naming the structure arc 132 excluded from this limitation. 133 vi. Replacing condition (8): A short term rental shall have no 134 more than fifty two (52) rental contracts during a calendar year 135 than one (1) contract for every seven (7) consecutive days, 136 vii. Replacing condition (11): The maximum number of persons on 137 the property after 11 :00 p.m. and before 7:00 a.m. ("Overnight 138 Lodgers") shall be two (2) individuals per bedroom, which 139 number shall not include minors under the age of 16, provided 140 that in no event case may the total number of persons staying 141 overnight at the property exceed the number of approved 142 bedrooms multiplied by three (3). 143 viii. For properties located within the boundaries of the Residential 144 Parking Permit Program (RPPP), while the short term rental 145 use is active, parking passes issued for the subject dwelling 146 unit(s) through the RPPP-) 147 shall be limited to two resident passes only. Guest and 148 temporary passes through the RPPP shall not be permitted. 149 ix. Density limitations for short term rentals in the North End STR 150 Overlay shall be a maximum of 255 STRs in the overlay. 151 152 Lcj The use regulations of this section shall not apply to short term 153 rentals within a Short Term Rental Overlay District that were 154 grandfathered at the time of adoption of the short term rental 155 ordinance, which properties shall be subject exclusively to the 156 provisions of section 241.2. The use regulations of this section 157 shall also not apply to short term rentals within a Short Term 158 Rental Overlay District that are operating under the provisions of 4 159 a conditional use permit, which properties are governed by the 160 provisions of section 241.2 and the conditions of the permit. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Dep rtment City Attorney's Office CA15116 R-14 June 24, 2021 5 REQUESTED BY VICE-MAYOR WOOD AND COUNCILMEMBER JONES 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF CONDITIONAL USE PERMITS FOR 3 SHORT TERM RENTALS 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 WHEREAS, the City Council has referred to the Planning Commission ordinances 9 creating the West Shore Drive Short Term Rental Overlay, East Shore Drive Short Term 10 Rental Overlay, North End Short Term Rental Overlay and Oceanfront Resort Short Term 11 Rental Overlay and providing new regulations that would be applicable to a short term 12 rental use within those overlays; and 13 14 WHEREAS, the referred ordinances would allow the short term rental use only in 15 those areas mandated by the General Assembly and in Short Term Rental Overlays; 16 17 WHEREAS, the short term rental use would no longer be authorized through the 18 granting of a conditional use permit if the referred ordinances are adopted; and 19 20 WHEREAS, it is the sense of the City Council that special transition rules should 21 be adopted to govern applications for conditional use permits for short term rentals that 22 are filed but not approved prior to the referral date of the Ordinances. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 Any application for a conditional use permit for a short term rental accepted 28 prior to the date of referral shall be processed based upon the law existing at the 29 time of submission. Any application accepted after the date of referral shall be 30 considered based upon the law applicable at the time of City Council consideration. 31 No application shall be unnecessarily delayed. 32 33 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That nothing in this ordinance shall be construed to affect any vested rights which 37 existed as of the effective date of the Ordinance. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1)4a)S,Wr• Planning De artment City Attorneys Office CA15137 R-3 September 4, 2020 I. APPOINTMENTS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************** The Agenda (including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e6d415 70e86fdf3128ae65967524f0622 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on July 13, 2021. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 1 B AGENDA E ITEM# SUBJECT MOTION VOTE R V L H W W A U E J R T I 0 CC D N OMO 0 L W O A C Y L NOUWS O T NHEEE S S E O O E T I R Y S S ERNDN CITY MANAGER'S BRIEFING A. SOUTHEASTERN HIGHWAY David Jarman, MEMORANDUM OF Transportation Division UNDERSTANDING TERMINATION Manager-Public Works II. CITY COUNCIL DISCUSSION/ INITIATIVES A. FLOOD PROTECTION PROGRAM BOND REFERENDUM III-VII CERTIFICATION OF CLOSED CERTIFIED 8-0 A Y Y Y A Y Y Y Y Y A-E SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 8-0 A Y Y Y A Y Y Y Y Y June 15,2021 2. SPECIAL SESSION APPROVED 8-0 A Y Y Y A Y Y Y Y Y June 22,2021 G. MAYOR'S PRESENTATION 1. PROCLAMATION PARKS AND RECREATION Michael Kirschman, MONTH Director I.l. Ordinance to END the Declaration of a ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y Local Emergency re COVID-19 CONSENT Pandemic I.2. Resolution to ADD Student Members to ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y the Green Ribbon Committee CONSENT (Requested by Council Member Henley) I.3. Resolution to EXTEND the deadline for ADOPTED 7-1 A Y Y Y A Y Y Y Y N the recommendations re Citizens Review Panel Task Force L4. RESORT ADVISORY COMMISSION: ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y a. Ordinance to AMEND the City Code CONSENT Section 2-6 b. Resolution to APPROVE Amendments to the Bylaws I.5. Ordinances to AMEND: DEFERRED TO 9-0 A Y Y Y Y Y Y Y Y Y a. Sections 1-3 and 1-30 of the SEPTEMBER 7,2021 Stormwater Management Ordinance(Appendix D)re Stormwater Appeals Board b. Section 1.2 of the Public Works Design Standards Manual re variances I.6. Resolution to PROVIDE for the ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y issuance and sale of General Obligation CONSENT Public Improvement Bonds,in the maximum amount of$110-Million and PROVIDE for the form,details and payments thereof CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 2 B AGENDA E ITEM# SUBJECT MOTION VOTE R V L A U E J R T I 0 CC D N O M O O L W O AC Y L NOUWS 0 NHEE E S S E O O E T I R Y S S ERNDN I.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y encroachments into a portion of City- CONSENT Owned Property known as Pike Inlet located at the rear of 2721 Bluebill Drive re construct and maintain a floating pier and three(3)pilings I.8. Ordinance to APPROPRIATE ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y $762,600 of Fund Balance from the CONSENT Police Federal&State Seized Assets Special Revenue Fund to the FY2021-22 Police Operating Budget re equipment and training I.9. Ordinances to Accept and Appropriate: a. $20,000 from Cities for Financial ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y Empowerment Fund to FY2021-22 CONSENT Parks and Recreation Operating Budget re Summer Youth Employment Program b. $57,000 from the U.S.Department of ADOPTED,BY 8-0 A Y Y Y A Y YYYY Justice to FY2021-22 Police Department CONSENT Operating Budget re overtime and training expense and AUTHORIZE the Chief of Police to EXECUTE a Memorandum of Understanding(MOU) with the Virginia Office of the Attomey General re Hampton Roads Human Trafficking Task Force c. $142,482 from the Virginia Department ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y of Behavioral Health and Developmental CONSENT Services(DBHDS)to the FY2021-22 Human Services Operating Budget and ESTABLISH two(2)full-time positions re STEP-VA Services d. $200,000 in Federal Surplus Funding ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y from the Congestion Mitigation and Air CONSENT Quality Improvement Federal Program and TRANSFER$50,000 from CIP #100246(Lesner Bridge Replacement) to CIP#100537(Dam Neck and Holland Road Intersection Improvements) e. $600,000 from the Virginia Department ADOPTED,BY 8-0 A Y Y Y A Y YYYY of Behavioral Health and Developmental CONSENT Services(DBHDS)to the FY 2021-22 Human Services Operating Budget and ESTABLISH five(5)full-time positions re implementation of the Marcus Alert System CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 3 B AGENDA E ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CC D N OMO 0 L W O A C Y L NOUWS 0 T NHEE E S S E O O E T I R Y S S ERNDN 1.10. Ordinance to APPROPRIATE$400,000 ADOPTED 8-I A Y YYN Y Y Y Y Y from the Fund Balance of the General Fund to PROVIDE a GRANT to the Hampton Roads Workforce Council (Requested by Council Member Tower) ADD Resolution to DIRECT the City ADOPTED,BY 8-0 A Y Y Y A Y Y Y Y Y ON Attorney to file a Petition for Writ of CONSENT Special Election re vacancy in the Kempsville District J.1. DHW JOINT VENTURE, LLC for the APPROVED,BY 8-0 A Y Y Y A Y Y Y Y Y Street Closures re 15-foot Street Dedication CONSENT adjacent to a 50-foot Norfolk & Southern Corp. right-of-way, and a 20-foot private road northeast of Tolliver Road J.2. OCEAN RENTAL PROPERTIES,LLC APPROVED,BY 8-0 A Y Y Y A Y Y Y Y Y (now known as ORP Ventures,LLC)for a CONSENT Street Closure re 1,151 sq. ft of an unimproved portion of 10th Street(formerly 13'" Street) adjacent to Norfolk Avenue DISTRICT 6—BEACH(Approved August 13,1984)Deferred from June 15,2021 J.3. SOUTH LYNNHAVEN, LLC for a DEFERRED TO 7-0 A Y Y Y A Y Y Y AY Modification of Conditions re allow the JULY 13,2021,BY B vacation of easements to construct office CONSENT S use at 877 South Lynnhaven Road T DISTRICT 3-ROSE HALL A N E D J.4. PEMBROKE SQUARE ASSOCIATES, APPROVED/AS 8-0 A Y Y Y A Y Y Y Y Y LLC for a Conditional Change of Zoning_ PROFFERED,BY from (B-3 Central Business District to CONSENT Conditional CBC Central Business Core)re construction of housing for seniors located at the northern portion of 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE J.S. PEMBROKE SQUARE ASSOCIATES, APPROVED/ 8-0 A Y Y Y A Y Y Y Y Y LLC for a Conditional Use Permit re CONDITIONED,BY housing for seniors at the Southwest corner CONSENT of Jeanne Street and Constitution Drive DISTRICT 4—BAYSIDE J.6. COMMONWEALTH AUTO GROUP, APPROVED/ :-0 A Y Y Y A Y Y Y Y Y INC.&WWMD PROPERTIES,LP for a CONDITIONED,BY Conditional Use Permit re motor vehicle CONSENT sales & rentals at 4873 Haygood Road DISTRICT 4—BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 4 B AGENDA E R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CC D N O M O O L W O A C Y L NOUWS 0 T NHEEES S E O O E T I R Y S S ERNDN J.7. TRACI R.&MICHAEL MCGLYNN for DENIED 5-4 A Y Y Y Y NNNNY a Modification of Conditions to a Special Exception to the Form Based Code and a Conditional Use Permit re short term rental at 523 20t''A Street DISTRICT 6—BEACH J.8. LINDA M.LAMB LIVING TRUST fora DENIED 8-1 A Y Y Y Y Y Y Y Y N Conditional Use Permit re short term rental at 4615 Ocean View Avenue DISTRICT 4— BAYSIDE J.9. KRISTA L. WOODLOCK for a APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 3709 Rockbridge Road DISTRICT 4— CONSENT BAYSIDE J.10. STANDARD COMMUNITY,LLC for a DENIED 8-1 A Y Y Y Y Y Y Y Y N Conditional Use Permit re short term rental at 427 Peregrine Street DISTRICT 4 — BAYSIDE J.11. WILLIAM GEORGHIOU for a APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 3608 East Stratford Road DISTRICT 4— CONSENT BAYSIDE J.12. ANDREW BROYLES for a Conditional APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Use Permit re short term rental at 3604 CONDITIONED,BY East Stratford Road DISTRICT 4 — CONSENT BAYSIDE J.13. KIM DAVENPORT fora Conditional Use APPROVED/ 7-1 A Y NY A Y Y Y Y Y Permit re short term rental at 8809 Atlantic CONDITIONED,BY Avenue, Units A & B DISTRICT 5 — CONSENT LYNNHAVEN (Deferred from June 1, 2021) J.14. DAN&SARA BAILEY fora Conditional APPROVED/ 7-I A Y N Y A Y Y Y Y Y Use Permit re short term rental at 103 57t CONDITIONED,BY Street, Unit A DISTRICT 5 — CONSENT LYNNHAVEN J.15. TODD E.SWEIGART for a Conditional APPROVED/ -I A Y N Y A Y Y Y Y Y Use Permit re short term rental at 507 19'" CONDITIONED,BY Street DISTRICT 6—BEACH CONSENT J.16. SPIVAK FAMILY TRUST for a APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Conditional Use Permit re short term rental CONDITIONED,BY at 229 16'"Street DISTRICT 6—BEACH CONSENT J.17. HEATHER SHIMP for a Conditional Use APPROVED/ 7-1 A Y N Y A Y Y Y Y Y Permit re short term rental at 304 28'" CONDITIONED,BY Street,Unit 307 DISTRICT 6—BEACH CONSENT J.18. SUZANNE OLESZKO for a Conditional DENIED 6-3 A Y Y Y Y Y YNNN Use Permit re short term rental at 312 Arctic Crescent DISTRICT 6—BEACH J.19. CATHERINE PATTERSON DENTON& APPROVED/ 6-1 A Y N Y A Y A Y Y Y THE PINK CABANA,LLC Conditional CONDITIONED,BY B Use Permit re short term rental at 1316 CONSENT S Cypress Avenue DISTRICT 6—BEACH T A N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 5 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 C C D N 0 M 0 0 L W O AC Y L N 0 U W S 0 T NH E E E S S E 0 O E T I R Y S S ERNDN J.20. ANDREW LIN for a Conditional Use WITHDRAWN,BY 8-0 A Y Y Y A Y Y Y Y Y Permit re short term rental at 4441 Ocean CONSENT View Avenue, Unit B DISTRICT 4 — BAYSIDE APPLICANT REQUEST WITHDRAWAL J.21. Ordinances re Short Term Rentals: CITY COUNCIL ALTERNATIVES a. AMEND City Zoning Ordinance (CZO) DENIED Section 102 re ESTABLISH Short Term 6-3 A Y Y Y 1' Y NNNY Rental Overlay Districts - North End and Oceanfront Resort (Requested by Vice Mayor Wood and Council Member Tower) b. AMEND the Official Zoning Map by the DENIED 6-3 A Y Y Y Y Y N N N Y Designation and incorporation of property into Short Term Rental Overlay Districts-North End and Oceanfront Resort District (Requested by Vice Mayor Wood and Council Member Tower) c. AMEND Sections 401,501,601,901,1110, TABLED 8-0 A Y Y Y Y Y Y Y Y Y 1125,1501,1521,1531 and 2203 of the CZO and Section 5.2 of the Oceanfront Resort District Form-Based Code re requirements and use of Short Term Rentals and Overlays(Requested by Vice Mayor Wood and Council Member Tower) d. AMEND Section 241.2 of the CZO re Short 8-0 A Y Y Y Y Y Y Y Y Y Term Rentals and ESTABLISH additional safety requirements(Requested by Vice Mayor Wood and Council Member Tower) e. ADD Article 23, and ESTABLISH 8-0 a 1 Y Y Y Y Y Y Y Y Consisting of Sections 2300 - 2303, (Short Term Rental Overlay Districts)to the CZO regulations and requirements re Short Term Rentals in Each Overlay District(Requested by Vice Mayor Wood and Council Members Tower and Wilson) 8-0 A Y Y Y Y Y Y Y Y Y f. ESTABLISH Transition Rules for the review of Conditional Use Permits re Short Term Rentals(Requested by Vice Mayor Wood and Council Member Jones) APPOINTMENTS RESCHEDULED BY C ON S E N S VS 2040 VISION TO ACTION COMMUNITY COALITION ARTS AND HUMANITIES COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:07/06/2021 PAGE: 6 B E AGENDA R ITEM# SUBJECT MOTION VOTE V L H W W A U E J R T I 0 CC D N O M O O L W O A C Y L NOUWS 0 T NHEEE S S E O O E T I R Y S S ERNDN BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT (COG)REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD L/M/N ADJOURNMENT 12:18 AM OPEN DIALOGUE 1 SPEAKER 12:21 AM